
Class J'K IQtfl 



MANUAL 

OF 
PARLIAMENTARY PRACTICE, 

COMPOSED ORIGINALLY FOR THE 

SENATE OF THE UNITED STATES, 



J8« WK<&SB&® »S»SNB3fcS<»Sfc 



THE 
CONSTITUTION OF THE UNITED STATES, 

AND THE 

RULES FOR CONDUCTING BUSINESS 

IN BOTH HOUSES OF CONGRESS; 

With all the amendments, 'erasures and additions, 
down to the year 18T43; concluding with a 

TABULAR STATEMENT OF THE 

POPULATION OF THE UNITED STATES, 

{ .- r« , AN'> THE 

Apportionment of Representatives in Congress, 

VJNDER THE CENSUS; <JF ISlO. 



COLUMBUS, OHIO, 

Printed and published by Jonathan Phillips, 

1843. 



**£ 



Entered according to Act of Congress, in the year 1848. 

By Jonathan Phillips, 

In the Clerk's Office for the District Court of Ohio. 



3S^ 

'01 



TABLE OF CONTENTS. 

Sec. 1. Rules, importance of. 

2. Legislature. 

3. Privilege. 

4. Elections. 

5. Qualifications. 
6; Quorum. 

7. Call of the House. 

8. Absence. 

9. Speaker. 

10. Address. 

11. Committees. 

12. Committee of the Whole. 

13. Examination before Committee^ &e, 

14. Arrangement of business. 

15. Order. 

16. Order, respecting business. 

17. Order, in debate. 

18. Orders of the House. 

19. Petitions. 

20. Motions. 

21. Resolutions. 

22. Bills. — Readings. 

23. " Leave to bring in, 

24. " First reading, 

25. " Second reading. 

26. " Commitment. 

27. " Report of Committee. 

28. " Recommitment, 



6 INDEX TO THE MANUAL. 



Page 
Bills, parts of, may be committed - • -62,66 
amendments to, how considered and proceeded on 68, 92, 113 
amendments to fall by a reference, in Committee of 
the Whole, to Special Committee - * 68 
amendments to, may be insisted on, or adhered to - 123 
amendments to, cannot be receded from or insisted 
on, by the amending House, with a further amend- 
ment - = - - - - 114 
amendment to an amendment has precedence over a 

motion to agree or disagree - - - 115 

amendments to amendments, how far admissable • 315 

proceedings upon, in Committee of the Whole, ^"C 68 

third reading of, at what hour 99 

on third reading, may be recommitted * r 100 

on third reading amended by riders * - ICO 

on third reading, blanks in may be filled • - 100 

titles, when made - 101 
reconsideration may be moved by one of majority, 

or of the prevailing side - - • - 109,133 

reconsideration, at what time to be moved * • 109 

reconsideration, effect of a vote for - - - 109 
(rejected) relating to their being brought in during 

the same j-ession.— See 13th Joint Rule - 109 
originating in one House, rejected in the other, may 

be renewed in the rejecting House - • - 109 
expedients for remedying omissions in • - 110 
mode of proceeding, when founded on facts requir- 
ing explanation ..... n3 
effect of a vote to insist or adhere 113 
conferences upon, at what stages, and by whom asked 116 
papers relating to, to be left with the conferees of the 

House acceding to the conference - - - 117 
enrolling - - . 122 
proceedings when disapproved - • - 122 
not returned in ten days, to be laws, unless an ad- 
journment intervene .... 133 
Blanks, construction of the rule of filling - - 04 
Business, a settled order in its arrangement useful - 40 

c 

3a!l of the House, proceedings in case of 31 

Chairman may be temporarily appointed in Senate • 33 
Committee, a member elect, though not sworn, may Le 

appointed on - - • • 24 

may elect their chairman 34 

Committees, standing ..... 35 
forms and proceedings of - - 34, 62 

joint, how they act .... 35 

who shall compose .... 61 

how appointed in Senate . * . 61 



INDEX TO THE MANUAL. « 

Page 

Committees, time and place of meeting 6S 

majority of, to constitute a quorum • - 62 

who may be present at their sittings • » 62 

their power over a bill 62 

have entire control of a bill recommitted - 62 

dissolved by a report 6$ 

how revived . • - » 64 

may be discharged from instructions - • 109 

when they may sit during recess • - 127 

effect of a reference to, when a bill has been 

amended in committee of the whole - 68 

Committee of the Whole, proceedings in • • 35-6-7,65 

irregularly dissolved - - 36 

cannot adjourn 36 

report proceedings • - 3*5 

subjects which have passed 

through, may be referred 

to special committees • 70 

particulars which attach to - 71 

Co mmunications, confidential to he kept secret • - 129 

Conferences, when, by which House, and at what stages 

to be asked ..... 115 
Congress, member of, no person holding office under the 

United States, can be .... 30 
cannot adjourn for more than three days, ex- 
cept by joint vote. — See Adjournment - 126 
Counsel may be heard on private bills - - • 40 
Count of the House may be called 31 

D 



Debate, forms and proprieties to be observed in - - 44-5-6 
the Speaker not allowed to engage in, except on 

points of order - - - - 45 

proceedings of the House not to be censured - 45 

personalities prohibited 46 

motives not to be arraigned 46 
violation of order in, to be suppressed by the 

Speaker - . . . . 46-7-8 
disorderly words not to be noticed until the mem- 
ber has finished - - - - - 48 
disorderly words, when taken down - • 49 
proceedings of the other House, notto be noticed in 49 
members concerned or implicated by the subject of, 
ought to withdraw - ... 50 
Decorum, points of ... . - 50 
Division (of the House) practice in ascertaining - - 102-3-4 
Doors to be kept by porters ..... 53 
rule respecting their being closed » 53 



INDEX TO THE MANUAL 



E 



Tage 

Elections, time, place, and manner of holding - - y7 

of members to be judged by eaeh House - 27 

H 

House of Representatives. — See Representatives. 

House, division of, how ascertained - - 102 to 108 

I 

Impeachment, to be made by the House of Representatives 133 

to be tried by the Sentafe - 133 

who shall preside at - - - - 133 

continued by an adjournment - - 128 

extent of a judgment by - - - 133 
party convicted on, still liable to trial and 

punishment, according to law - - 133 

officers convicted by, to be removed - 133 
sketch of the law of Parliament, respect- 
ing - - - - - - 133 to 130 

Inquiry, or accusation, common fame a ground for '- 39 



Journal, shall be kept by each House . . . 123 

of each House to be published . . . 123 

shall show every vote .... 121 

to contain a brief statement of every petition and 

paper, §c. presented . ; , . 124 

titles of bills and parts affected by amendments, 

to be inserted on . ; . .- . 121 

what questions shall be entered on . 121 

a record in law .... * 12.5 

Jury trial, secured in certain cases . . . l-.\~> 



Legislative power, vested in Congress .» . . 18 

Legislature, members of National, their compensalion . 18 

National, powers of . . • jy 

M 

Majority decides on general questions ... 07 
Members and officers of one House not amenable to the 

other .....: 56 

Messages, when received ; l jy 

forms in receiving . . . . ko 

errors in their delivery may be corrected . 126 

bills not acted on, the subject of . . 121 



INDEX TO THE MANUAL 



s 



Motion, not to be put or debated until seconded i 
to be reduced to writing, if desired 
to be read for information 
to adjourn, not in order when a member has the 

floor . : 

privileged, what shall be.— See questions 



Page 
56 

57 
57 



<6 



o 



Officers of either House, forms of nomination or election 

'of one House, not amenable to the other 
Order, "instances make" . 

respecting papers. — See papers 
fa debate. — See debate . 

questions of, may be adjourned . • • 

decision of Speaker on points of, may be controlled 
a member may insist on the execution of a subsisting 
question of, to supercede a question depending . 
and Resolution; distinction between . • 

of one House, requiring concurrence of the other, 
(except for adjournment) to be pre- 
sented for approval 
Order* of the dav, how, and when to be called up 
may be discharged at any time 
of the House, determined with the session 



?2 
50 
43 
43 
44 
53 
52 
53 
84 
55 



313 
5U 
51 
51 



Papers and Journals, not to be removed from Clerk's table 
rules respecting their preservation 
reading of, how fur they may be called for 
referred, usually read by title 
to be left with the conferees of the House accedin 
to the conference asked 
Parliament, each House of, may adjourn independently ot 

the other . 

Petition and remonstrance, distinction 

to be presented by a member, <yc. 
the member presenting, to state its contents 
to be subscribed or written by petitioner 
President of the Senate, provided by the Constitution 
may appoint chairman 
pro tempore to be chosen in the absence of the 
Vice President . i 

at what time bis office shall determine 
of the United Statcs.shall give information to 
Congress . 



43 
43 
73 
74 

119 

125 
55 
55 
55 
55 
32 



33 
33 

34 



Page 


i 19 


19 to 26 


20 to 24 


21 to 25 


21 to 23 


24 


33 


24 


25 



10 INDEX TO THE MANUAL. 



Privilege of Parliament has gradually increased 

of members of Parliament 

of Senators and Representatives . 

of Senators, constructive extent . 

of the two Houses, cases alleged breach of 

of members commence by virtue of election 

of members must be ascertained at the peril of 
the party violating : 

of members, the privilege of the House . 

a member violating, amenable only to the House 

is violated by not putting a question which is in 
order . - . . . . 25 

of one House in relation to the other, or in rela- 
tion to a co-ordinate branch of Government . 26 



Q 

Qualification of Senators . . . . . 27 

Questions, general rule for putting . . . . 75, 81 

the priority of certain, considered . . 71 

privileged, what shall be . . 75 to 79 

privileged, in filling blanks . . 75 to 84 

privileged, in reference to Committees * 83 

privileged, in amending amendment, and to 

agree or disagree . ... . 113 

Question, privileged, motion to amend has precedence 

over motion to strike out - 89 
of order, (incidental,) how far it shall super- 
sede any other » . . * . 89 
previous, its intention and effect . 85 86 
previous, after being moved, can an amendment 

to main question be proposed ? . 86 87 

division of, by whom and how made . . 93 
what are divisible ... .94 
when divided, each point open to debate and 

amendment • .... 83 
(co existing,) what suspends, and what removes 

from the House an existing question . 95 

equivalent, what is considered i 96 

determined by ayes and noes . . . 105 

to be resumed, in statu quo, when suspended by 

the want of a quorum . ; . . 109 

Quorum, only shall do business .... 30 

what number shall be a . . : ?0 

how the attendance of, may be compelled 31 

any member may desire a count, for the purpose 

of ascertaining ..... 30 

not present, suspends the question . . 108 



I 



INDEX TO THE MANUAL. 



R 



Page 

tecommitment of a report, effect of 67 
econsideration of bills, orders, instructions,^. . 109 to 112 
of questions requiring rwo-thirds, by 

whom may he moved . . . 129 

Remonstrance and petition, distinction ... 55 

leportof one House not to be read in the other . • 74 

Representatives, House of, of whom com posed . : 29 
House of, shall ehoose their Speaker and 

and other officers ... S3 
House of, powers of, in relation to its rules 

and the conduct of members . . 43 
qualifications of 28 to 30 

Representation and direct taxes, how appoitioned * 28 

of each State from 17H7 to 1840 . . 29 

vacancies in, how supplied . » 30 

Resolution, and Older, distinction ... 58 

of one House to pay money, when not in order 58 

when to be presented for approval . . 123 

Rules, an adherence to, important . . . 17,18 
Rules and orders of each House, to what cases they shall 

apply . . . . . . 53, 54 

s 

Senate, of whom composed, and how classed . i 27 

the Vice President to be President of . 32 
shall choose their officers, <$-c. — See President of the 

Senate .....; 33 
power of, in relation to rules, End the conduct of 

members - - . 43 
equal division to be determined by the vote of the 

Vice President . . i . 106 

adjournment.— See adjournment . . . 125 

session of, what constitutes i . . 125 

committees of, may, if authorized, sit during recess 126 

Speaker, shall be chosen by the House of Representatives 32 

absence of, from sickness, another chosen ; 33 

Special orders.— See orders. 



Taxes, direct, how apportioned : ... 28 

Treaties may be made by the President and Senate • 129 

shall be kept secret until injunction removed . 129 

are legislative acts . ... 129 

extent of the power to make . . . 330 

may be rescinded by an act of the Legislature t 131 



12 



INDEX TO THE MANUAL. 



Page 

Treaties, papers to be communicated with ! ♦ 131 

ratified by nominal call 13J 

read for information, the day received . » 131 

read for consideration, the subsequent day . 131 

proceedings upon * . ; 132 
reconsideration of votes upon, may be moved by 

one of the side prevailing i : - 133 



Vice President of the United States shall be President of 

the Senate s ... 32 



Yeas and Nays, may be required by one-fifth . . 105 

to be taken alphabetically . . 106 

all present shall vote, unless excused . 100 
when called and decision announced, no 

member shall be allowed to vote . 106 



MR, JEFFERSON'S PREFACE. 



The Constitution of the United States, estab- 
ishing the Legislature for the Union, under cer- 
ain forms, authorizes each branch of it "to de- 
ermine the rules of its own proceedings." The 
Senate have accordingly formed some rules for its 
)wn government; but these going only to few 
cases, they have referred to the decision of their 
President, without debate and without appeal, all 
questions of order arising either under their own 
ules, or where they have provided none. This 
places under the discretion of the President a 
ery extensive field of decision, and one which, 
rregularly exercised, would have a powerful ef- 
ect on the proceedings and determinations of the 
louse. The President must feel, weightily and 
seriously, this confidence in his discretion; and 
he necessity of recurring, for its government, to 
ome known system of rales, that he may neither 
eave himself free to indulge caprice or passion, 
nor open, to the imputation of them. But to what 
system of rules is he to recur, as supplementary to 
those of the Senate? To this there can be but one 
answer. To the system of regulations adopted 
for the government of some one of the parliament- 
ary bodies within these States, or of that which 
has serveias a prototype to most of them, This 



14 PREFACE. 

last is the model which we have all studied, while 
we are little acquinted with the modifications of 
it in our several States. It is deposited, too, in 
publications possessed by many, and open to all. 
Its rules are probably as wisely constructed for 
governing the debates of a considerative body, and 
obtaining its true sense, as any which cin become 
known to us; and the acquiescence of the Senate, 
hitherto, under the reference to them, has given 
them the sanction of their approbation. 

Considering, therefore, the law of proceedings 
in the Senate as composed of the precepts of the 
Constitution, the regulations of the Senate, and 
where these are silent, of the rules cf Parliament, 
I have here endeavored to collect and digest so 
much of these as is called for in ordinary practice, 
collating the Parliamentary with the Senatorial 
rules, both where they agree and where they vary. 
I have done this, as well to have them at hand for 
my own government, as to deposite with the Sen- 
ate the standard by which I judge, and am willing 
to be judged. I cou'd not doubt the necessity of 
quoting the sources of my information; among 
which Mr. HatsePs most valuable hook is pre- 
eminent; but, as he has only treated samo general 
heads, I have been obliged to recur to other au- 
thorities in support of a number of common rules 
of practice, to which his plan did not descend. 
Sometimes each authority cited supports the 
whole passage. Sometimes it rests on all taken 
together. Sometimes the authority goes only to a 
part of the text, the residue being inferred from 
known rules and principles, For some of the most 



PREFACE. 15 

familiar forms, no written authority is, or can be 
quoted; no wr ter having supposed it necessary to 
epeat what all were presumed to know. The 
statement of these must rest on their notoriety. 

I am aware that authorities can often be pro- 
duced in opposition to the rules which I lay down 
as parliamentary. An attention to dates will gen- 
erally remove their weight. The proceedings of 
Parliament in ancient times, and for along while, 
were crude, multiform, and embarrassing. They 
lave been, however, constantly advancing towards 
uniformity and accuracy, and have now attained a 
degree of aptitude to their object beyond which 
itile is to be desired or expected. 

Yet 1 am far from the presumption of believing 
that I may not have mistaken the parliamentary 
practice in some cases, and especially in those mi- 
nor forms, which,' being practised daily, are sup- 
Dosed known to every body, and therefore have not 
>een commuted to writing. Our resources, in 
this quarter of the globe, for obtaining information 
an that part of the subject, are not perfect, But I 
lave begun a sketch, which those who come after 
me will successively correct and fill up, till a code 
of rules shall be formed for the use of the Senate, 
he effects of which may be accuracy in business, 
conomy of time, order, uniformity, and impar- 
tiality; 



Note. — The rules and practices peculiar to both the Senate and 
House of Representatives, inserted in the body of the Manual, ara 
enclosed in brackets — thus [ J 

Those of Parliament are not enclosed. 



MANUAL 

OF 
PARLIAMENTARY PRACTICE 



IMPORTANCE OF RULES. 



SECTION I. 

THE IMPORTANCE OF ADHERING TO RULES. 

Mr. Onslow, the ablest among the Speakers 
of the House of Commons, used to say, " it was a 
maxim he had often heard when he was a young 
man, from old and experienced members, that 
nothing tended more to throw power into the 
handsof Administration and those who acted with 
the majority of the House of Commons, than a 
neglect of, or departure from, the rules of pro- 
ceeding: that these forms, as instituted by our 
ancestors, operated as a check and control on the 
actions of the majority ; and that they were ia 
^nany instances a shelter and protection to the mi- 
nority, against the attempts of power," 

So far the maxim is certainly true, and is found- 
ed in good sense, that, as it is always in the pow^ 
2 



18 LEGISLATURE. 

erof the majority, by their numbers, to stop any 
improper measures proposed on the part of their 
opponents, the only weapons by which the mi- 
nority can defend themselves against similar at- 
tempts from those in power, are the forms and 
rules of proceeding, which have been adopted as 
they were found necessary from time to time, and 
are become the law of the House; by a strict ad- 
herence to which, the weaker party can only be 
protected from those irregularities and abuses 
which these forms were intended to check, and 
which the wantonness of power is but too often 
apt to suggest to large and successful majori- 
ties.— 2 Hats. 171, 172. 

And whether these forms be in all cases the 
most rational or not, is really not of so great im- 
portance. It is much more material that there 
should be a rule to go by, than what that rule is; 
that there may be a uniformity of proceeding in 
business, not subject to the caprice of the Speak- 
er or captiousness of the members. It is very 
material that order, decency and regularity be pre- 
served in a dignified public body, — 2 Hats. 149, 



SECTION n. 

LEGISLATURE. 

[All Legislative Powers herein granted shall 
be vested in a Congress of the United Stales, 
which shall consist of a Senate and House of 
Kepiesentatives. — Constitution of the U. States 
Art. 1, Sec. L 



PRIVILEGE. 19 

The Senators nnd Representatives shall re- 
ceive a compensation for their services to be as* 
certained by law, and pnid out of the Treasury 
of the United States. — Constitution of the U. 
States, Srt. 1. Sec. 6. 

For the powers of Congress, see the following 
Articles and sections of the Constitution of the 
United S.ates:— Art. I. See's 4, 7, 8, 9— Art. IF. 
See's t, 2— Art. 3, Sec. 3— Art. IV. See's 1, 3, 

—And ali the Amendments.] 



SECTION HI 



PRIVILEGE 



The Privileges of the members of Parliament, 
from small and obscure beginnings, have been ad- 
vancing for centuries with a firm and never yield- 
ing pace. Claims seem to have been brought for- 
ward from time to time, and repeated till some 
example for their admission enabled them to build 
law on that example. We can only, therefore, 
state the point of progression at which they now 
are. It is now acknowledged, 1st, That they 
are at all times exempted from question else- 
where, for any thing said in their own House: 
That during the time of privilege, 2nd, Neither a 
member himself, his wife,* or his servants, [fa- 
tniliares sui,] for any matter of their own, may 
bet arrested on mesne process, in any civil suit: 
3d, Nor be detained under execution though le- 

♦Order of the House of Commons, 1663, July 16. 
fElsynge, 217—1 Hats. 21-1 Grey's Deb. 133. 



20 PRIVILEGE. 

vied before the time of privilege: 4th, Nor im- 
pleaded, cried or subpoenaed, in any court: 5ih 3 
Nor summoned as a witness or juror: 6th, Not 
may their lands or goods be distrained: 7th, Nor 
their persons assaulted, or characters traduced, 
And the period of time, covered by privilege, before 
and after the session, with the practice of short 
prorogations under the connivance of ihe Crown, 
amounts in fact to a perpetual protection againsl 
the course of Justice. In one instance, indeed, ii 
lias been relaxed by 10 Geo. 3 ch. 50, which per- 
mits judiciary proceedings to go on against them. 
That these privileges must be continually progress- 
ive, seems to result from their rejecting all defini- 
tion of them; the doctrine being, that "their dig 
nity and independence are preserved by keeping 
their privileges indefinite;" and that "the maxims 
upon which they proceed, together with the meth- 
od of proceeding, rest entirely in their own breast 
and are not defined and ascertained by any parti- 
cular stated laws. — 1 Blackstone, 163, 164. 

While privilege was understood in England tc 

[It was probdbly from the view of the encroaching character on 
privilege^ that the framers of our Constitution in their care to pro- 
vide that the laws shall bind equally on all, and especially that 
those who make them shall not exempt themselves from their ope- 
rations, have only privileged ''Senators and Representatives'] 
themselves from the single act of arrest in allcases except treason 
felony and breach of tire peace, during their attendance at theses] 
sion of their respective Houses, and in going to and returning frou 
the same, and from being questioned in any other place for an] 
speech or debate in either House. ,: — Const. U. S., Art. L, Sec. 61 
Under the general authority "to make all laws necessary and pro] 
per for carrying into execution the powers given them" — Constitu 
tion TJ. S., Art. II., Sec. 8, they may provide by law the details 
which may be necessary for giving full effect to the enjoyment o] 
tiiis privilege. No such law being as yet made, it seems to stand 
at present on the following ground:—!. The act of arrest is» void! 



Privilege. 21 

initio. 2 Stra. 989, 2. The member arrested may le discharge 
on motion.— 1 Blackstone, 166—2 Stra. 990; or by Habeas Cor- 
, under the Federal or State authority, as the case may be; or by 
/rit of privilege out of the Chancery, 2 Stra. 989, in those 
tes which have adopted that part of the laws of England— Or- 
s of the House of Commons, 1550, February 20. 3. The arrest 
)g unlawful, is a trespass for which the officer and others con- 
ned areliableto action or indictment in the ordinary courts of 
tice, as in other cases of unauthorized arrest. 4. The court be- 
e which the process is returnable, is bound to act as in oilier 
esof unauthorized proceeding, and liable also, as in other simi- 
cases, to have their proceedings stayed or corrected by the Su- 
lor Courts. 

'he time necessary for going to and returning from Congress, 
being defined, it will of course be judged of in every particular 
e by those who will have to decide the case ] 

lend, as it does here, only to exemption from ar- 

t, eimdo morando, et redeundo, the House of 

mmons decided that "a convenient time was to 

understood"— 1580— 1 Hats. 99, 100. Nor 

the law so strict in point of time, as to require 

) party to set out immediately .on Lis return, but 

ows him time to settle his private affairs, and to 

?pare for h;s journey; and does not even scan his 

id very nicely, nor forfeit his*protection for a lit- 

deviation from that which is most direct; some 

:es=ify perhaps constraining him to it.— -3 Stra* 

o, 987. 

This privilege from arrest, privileges of course 
linst all process, the disobedience of which is 
nishable by an attachment of the person; as a 
)pcenaed respondendum, or testificandum, or a 
nmons on a jury; and with reason, because a 
mber has supevior duties to perform in another 
ce. 

Vhen a Representative is withdrawn from his seat by sum- 
is, the 47,700 people whom he represents, lose their voice in 
ite and vote, as they do in his voluntary absence; when a Sen- 
is withdrawn by summons, his State loses half its voice in de- 
and vote, as it does in voluntary absence- The enormous 
irity of evil admits no comparison. 



22 



PRIVILEGE. 



So far there will probably be no difference of opinion as to the 
privileges of the two Houses of C ingress; but in the following 
cas33 it is otherwise In December, 1795, the House of Repre- 
sentatives committed two persons of the names of Randall and 
Whitney, for attempting to corrupt the integrity of ceriain mem- 
bers, which they considered as a contempt and breach ot the privi- 
leges of the House; and the fa*ts being proved, Whitney was de- 
tained in confinement a fortnight, and Randall three weeks, and 
was reprimanded by the Speaker. In March 179G, the House of 
Representatives voted, a challenge javen to a member of their 
House, to be a breach of the privi egesof the House; but satisfactory 
apologies and acknowledgements being made, no further pro- 
ceeding was had. The Editor of the Aurora having, in his paper 
of February 19, 1800, inserted some paragraphs defamatory to the 
Senate, and failed in his appearance, he was ordered to be com- 
mitted. In debating the legality of this order, it was insisted in 
support of.it, that every man, by the law of nature, and every 
body of men, possesses the right of self-defence; that all public 
functionaries are essentially invested with the powers of self- 
preservation; that they have an inherent right to do all acts ne- 
cessary to keep themselves in a condition to discharges the trust 
confided to them; that whenever authorities are given, the means 
of carrying them into execution are given by necessary implica 
lion; that thus we see the British Parliament exercise the right of 
punishing contempts; all the State Legislatures exercise the same 
power; and every Court does the same; that if we have it not, we 
sit at the mercy of every intruder who may enter our doors or 
gallery, and, by noise and tumult, render proceeding in business im- 
practicable; that, if our tranquility is to be perpetually disturbed 
by newspaper defamation, it will not be possible to exercise our 
functions with the requisite coolness and deliberation; and that we 
must therefore have a power to punish these disturbers of our peace 
and proceedings. To this it was answered, that the Parliament 
and Courts of England have cognizance of contempts by the ex- 
press provisions of their law; that the State Legilutures have 
equal authority, because their powers are plenary; they represent 
their constituents completely, and p >ssess all their powers, except 
such as their Constitu ions have expressly denied them; mat the 
Courts of the several State- have ti e s:ime powers by the laws of 
-their States, and those of the Federal Government by the same 
State laws, adopted in each State by a law of Congress; that 
none of these bodies, therefore, derive those powers from natu- 
ral or necessary right, but from express law; that Congress have 
no such natural or necessary power, nor any powers but such 
as are given by the Constitution; that that has given them di- 
rectly, exemption from personal arrest, exemption from ques- 
tion elsewhere for what is sud in their House, and power over 
their own members and proceedings; for these, no further law 
is necessary, the Constitution I e ng the law; that moreover, 
by that article of the Constitution which authorises them 44 lo 
make all laws necessary and proper for carrying into execution 
the powers vested by the Constitution in ihem," they may provide 
by law for an undisturbed exercise of their functions, e. g. for th< 



PRIVILEGE. 23 

punishment of contempts, of affrays or tumults in their presence, 
4f c; but till the law be made, it does not exist, and does not exist 
from their own neglect; that, in the mean lime, however, they are 
not unprotected, the ordinary magistrates and courtsoflaw being 
open atid competent to punish all unjustifiable disturbances or de- 
famations, and even their own sergeant, who may appoint deputies 
ad libitum to aid him, 3 Orey, 59, 1 37 255, is equal to the smallest 
disturbances; that, in requiring a previous law, the Constitution 
had regard to the inviolability of the citizen as well as the mem- 
ber; as, should one House, in the regular form ofa bill, aim at too 
broad privileges, it may be checked by the other, and both by the 
President; and also as. the law > eing promu'gated,the citizen will 
know how to avoid offence. Hut, if one hranch may assume its 
own privileges without control; if it may do it on the spur of the 
occasion, conceal the law in its own breast, and, after the fact 
committed, make its sentence both the law and the judgment oil 
that fact; if the offence is to be kept undefined, and to le declared 
only ex re nata,and according to the passions of the moment, and 
there be no limitation either in the manner or the measure of the 
punishment, the condition of the citizen will re peri'ous indeed. 
Which of these doctrines is to prevail, time will decide. Where 
there is no fixed law, the judgment on any particular case is the 
law of that single case only, and dies with it. When a new and 
even a similar case arises, the judgment which is to make, and at 
the same time apply, the law, is open to question and considera- 
tion, as are all new laws. Perhaps Congress, in the mean time, in 
their care for the safety for the citizens, as well as that for their 
own protection, may declare by law what, is necessary and proper 
to enable them to carry into execution the powers vested in them, 
and thereby hang up a rule for the inspection of all, which may 
direct the conduct of the citizens, and at the same lime test the 
judgments they shall themselves pronounce in their own case.] 

Privilege from arrest takes place from the force 
of the election; and, before a return be made, a 
member elected may be named of a committee, 
and is to every irrent a member, except that he 
cannot vote until he is sworn. — Manor. 107, 108; 
D'Ewes. 642, col 2. 643, col. I—Pet Miscel 
Pari 119— Lex Pari c. 23—2 Hats. 22, 62. 

Every man must, at his peril, take notice who 
are members of either House returned of record. — 
Lex Pari 23, 4— Inst. 24. 

On complaint of a breach of privilege, the p3?!y 
may either be summoned, or sent for in custody 
of the sergeant. — 1 Grey, 88. 95. 



24 PRIVILEGE, 

The privilege of a member is the privilege of 
the House, If the member waive it without leave, 
it is a ground for punishing him, but cannot in ef- 
fect waive the privilege of the House. — 3 Grey, 
140. 222. 

For any speech or debate in either House, they 
shall not be questioned in any other place. — Cons, 
of U. S. Art. 1, See, 6. S. P. Protest of Com- 
mons to James 1, 1621. 2 Rap'n, No. 54,^. 211, 
212. But this is restrained to things done in the 
House in a Parliamentary course — I Bush. 663. 
For he is not to have privilege contra morem par- 
]iamentarium 5 to exceed the bounds and limits of 
his p'ace and duty. — Com. p. 

If an offence be committed by a member in the 
House, of which the House has cognizance, it is 
an infringement of their right for any person or 
court to take notice of it, till the House had pun- 
ished the offender, or referred him to a due course. 
Lex Pari. 63. 

Privilege is in the power of the House, and is a 
restraint to the proceeding of inferior courts; but 
not of the House itself.— 2 Nalson, 450 — 2 Grey, 
399. For whatever is spoken in the House, is 
subject to censure of the House; and offences of 
this kind have been severely punished, by calling 
the person to the bar to make submission, com- 
mitting him to the Tower, expelling the House 
&c. — Scob. 72 — Lex Pari. c. 22. 

It is a breach of order for the Speaker to refuse 
to put a question which is in order. — 2 Hats. 175, 
176.— 5 Grey, 133. 

And even in case of treason, felony and breach 



PRIVILEGE. 25 

of the peace, to which privilege does not extend as 
to substance; yet, in Parliament, a member is priv- 
ileged as to the mode of proceeding. The case is 
first to be laid before the House, that it may judge 
of the fact, and of the grounds of the accusation, 
and how far forth the manner of the trial may 
concern their privilege. Otherwise it would be m 
the power of other branches of the Government, 
and even of every private man, under pretenses of 
treason &c, to take any man from his service in 
the House; and so as many, after one another, as 
would make the House what he pleaseth. — Deci- 
sion of the Commons on the King^s declaring Sir 
John Hatham a traitor — 4 JRushw. 586. So, when 
a member stood indicted of felony, it was adjudg- 
ed that he ought to remain of the House. 4ill con- 
viction. For it may be any man's case who is 
guiltless, to be accused and indicted of felony, or 
the like crime.— 23 El I£>8Q—D'Ewes, 283, col. 
I— Lex. Pari. 133. 

When it is found necessary for the public ser- 
vice to put a member under arrest, or when, on 
any public enquiry, matter comes out which may 
lead to affect the person of a member; it is the . 
practice immediately to acquaint the House, that 
they may know the reasons for such a proceeding, 
and take such steps as they may think proper. — 
2 Hats. 259. Of which, see many examples.— 2 
Hats. 256. 257. 258. But the communication is 
subsequent to the arrest. — 1 Blackst. 167. 

It is highly expedient, says Hatsell, for the due 
preservation of the privileges of the separate 
branches of the Legislature, that neither should 



86 EJECTIONS. 

encroach on the oilier, or interfere in any matter 
dep3 iding before them, so as to preclude, or even 
influence that freedom of debue which is essen- 
tial to a free council. They fire therefore not to 
take notice of any bills or other maters depending, 
or of v »tes ihat have beeri gi^en, or of speeches 
that have been held, by the members of either of 
the other branches of the L g slature, until the 
same h ive been communicated -o ihem in the usual 
Parliamentary m inner; — 2 Hits. 252—4 last* 
15 — Sell. Jud. 53. Thu?, the King's taking 
notice of the bill for suppressing soldiers depend- 
ing before the House, his proposing a provisional 
clause for a bill before it was presented to him by 
the two Homes, his expressing displeasure again3t 
some p^rfeons for matters moved in Parliament 
during the deb ite and preparation of a bill, were 
breaches of privilege. — 2 Nalson, 743; and in 
17 1>, D oe nb -r 17, it wis declared a breach of 
fuuda He.ital privileg ;s &c , to report any opinion, 
or peteu I -n\ opinoi o'the King, on any bill or 
proceeding d p^n li ig in eirim House of Parlia- 
ment, wi.h a vew to influence toe votes of the 
oiembers. — I Hals. 231, 6. 



SECTION IV. 

ELECTIONS. 

The times, places and manner of holding elec- 
tions for Senators and Representatives, shall be 
prescribed in each State by the Legislature there* 



QUALIFICATIONS. 2? 

of; but the Congress may at any lim€ by law 
make or al er such r guhtons, except as to the 
place of choosing Sen tors. Constitution of the 
United States, Art. l.Sec. 4. 

Each House si all bcj the judge of the elections* 
returns and qua i fie a lions of its own members.— 
Const. U. S. Art. 1. Sec. 5. 



SECTION V. 

QUALIFICATIONS. 

[The Senate of the Un ted States sh dl be com- 
posed of two Senators from each State, chosen by 
the Legislature thereof, for six years; and each 
Senator shnll have one vote. 

Immediately after they shall be assembled, in 
consequence of the first election, they shall be di- 
vided as equally as may be into three clashes. The 
seats of the Sniatois of the fit st class shall be va- 
cated at the end of the second year; of the second 
class, at the < xp ration of the fourth \ea ; and of 
the third class, at the expira ion of the sixth year; 
so that one-third may he chosen every second 
yeai; and if vacancies happen, by -resignation or 
otherwise, during the recess of the Legislature of 
any S ate, the Executive thereof may make tem- 
porary appointor* nts, until the next meeting cf 
the Legislature, which shall then fill such vacan- 
cies. 

No person shall be a Senator, who shall not 
have attained to the age of ihiity years, and been 
nine years a citizen of the United States, and who 



28 QUALIFICATION^. 

shall not, when elected, bean inhabitant of that 
State for which, he shall be chosen. — Constitution 
U. S. Art. l,&?c.3. 

The House of Representatives shall be compos- 
ed of members chosen every second year by the 
people of the several States, and the electors in 
each State shall have the qualifications requisite 
for electors of the most numerous branch of the 
State Legislature. 

No person shall be a Representative who shall 
not have attained to the age of twenty-five years, 
and been seven years a citizen of the United 
States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be ap- 
portioned among the several States which may be 
included within this Union, according to their re- 
spective numbers, which shall be determined by 
adding to the whole number of free persons, in- 
cluding those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths of all 
other persons, The actual enumeration shall be 
made within three years after the first meeting of 
the Congress of the United States, and within ev- 
ery subsequent term of ten years, in such manner 
as they shall by law direct. The number of Re- 
presentatives shall not exceed one for every thirty 
thousands; but each State shall have at least one 
Representative. — Const. U. S. Art. 1. Sec. 2. 

The provisional apportionments of Representa* 
tives made in the Constitution in 1787, and after- 
wards by Congress ; were as fpllovys: 



tlTJAlIFICATIONS. 



29 



PROVISIONAL APPORTIONMENTS. 





178? 


1790 


1800 


1810 


1820 


1830 


1840* 


1848 


Maine, 


- 


- 


- 


* 


7 


8 


7 


7 


New Hampshire, 


3 


4 


5 


6 


6 


5 


4 


4 


-Massachusetts, 


8 


14 


17 


20 


13 


12 


10 


10 


Rhode Island, 


1 


2 


2 


2 


2 


2 


2 


2 


Connecticut, 


5 


7 


7 


7 


6 


6 


4 


4 


Vermont, 


2 


2 


4 


6 


5 


5 


4 


4 


New York, 


6 


10 


17 


27 


34 


40 


34 


34 


New Jersey, 


4 


5 


6 


6 


6 


6 


5 


5 


Pennsylvania, 


8 


13 


18 


23 


26 


28 


24 


24 


Delaware, 


1 


1 


1 


2 


1 


1 


1 


1 


Maryland, 


6 


8 


9 


2 


9 


8 


6 


6 


Virginia, 


10 


19 


22 


23 


29 


21 


15 


15 


North Carolina, 


5 


10 


12 


13 


13 


13 


9 


9 


South Carolina, 


5 


6 


8 


9 


9 


9 


7 


7 


Georgia, 


3 


2 


4 


6 


7 


9 


8 


8 


Kentucky, 


2 


2 


6 


10 


12 


13 


10 


10 


Tennessee, 





1 


3 


6 


9 


13 


11 


11 


phio, 








1 


6 


14 


19 


21 


21 


Louisiana, 











1 


3 


3 


4 


4 


Indiana, 











1 


3 


7 


10 


10 


Mississippi, 











1 


1 


2 


4 


4 


Illinois, 











1 


1 


3 


7 


7 


Alabama, 


« 








1 


3 


5 


7 


7 


Missouri, 








O 


€ 


1 


2 


5 


5 


Michigan, 








O 








1 


3 


3 


Arkansas, 

















1 


1 


1 


Iowa, 








O 


•0 











2 


Florida, 























1 


Texas, 























2 


Wisconsin, 











a 











2 




69 


106 


142 


179 1 


220 


242 


223 


230 



^Agreeably to the Act of June 25, 1842, fixing the ratio at one 
for seventy thousand six hundred and eighty. 

When vacancies happen in the representation, 
from any State, the Executive authority thereof 
shall issue writs of election to fill such vacancies* 
Const, U.S. <flrt. I, Sec. 2. 

No Senator or Representative shall, during the 
time for which he was elected, he appointed to any 
civiloffice under the authority of the United States, 



SO QUORUM, 

which shall have been created, or the emoluments 
whereof, shall have been increased, during such 
time; ;md no person, h liiiog any office under the 
United Stales, shall be a member of either House, 
during his continuance in office. — Const. U. States, 
Art. I, Sec. 0.] 



SECTION VI. 

QUORUM. 

[A majority of each House shall constitute a 
quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized 
to compel the attendence of absent members in 
such manner, and under such penalties as each 
House may provide. — Const. U. S Art. 1. Sec. 5.] 

In general, the chair is not to be taken till a quo- 
rum for business is present; unless after due wait- 
ing, such a quorum be despaired of, when the 
chair may he taken, and the House adjourned. 
And whenever, during business, it is observed that 
a quorum is not present, any member may call for 
the House to be counted; and, being found defi- 
cient, b : stness is suspended. — 2 Hats. 125, 126. 

[The President having taken the chair, and a 
quorum being present, the journal of the preceding 
clay shall | ,e read, to the end, that any mistake 
may be corrected that shall have been made in the 
entries. — Rules of the Senate, 1] 



CALL OF THE HOUSE — ABSENCE. 3 1 

SECTION VII, 

CALL OP THE HOUSE. 

On a call of the House, each person rises upas 
he is called, find answeieth; the absentees are then 
only noted, but no excuse to be made till the 
House be fully called over. Then the absentees 
aie called a second lime, and if still absent, excu- 
ses are to be heard. — Ord.H. of C. 92. 

They r'se, that their persons may be recogniz- 
ed; the voice, in such a crowd, being an insuffi- 
cient verification of their presence. But, in so 
small a body as the Senate of the United States, 
the trouble of rising cannot be necessary. 

Orders for calls on different days may subsist at 
the same time. — 2 Hats, 72. 



SECTION VIIF. 

ABSENCE, 

[No member shall absent himself from the ser- 
vice of the Senate without leave of the Senate 
first obtained. And in case a less number than a 
quorum of the Senate shall convene, they are here- 
by authorized to send the sergeant-at arms, or any 
person or persons by them authorized, for any or all 
absent members, as the majority of such members 
present shall agree, at the expense of such absent 
members respectively, unless such excuse for non- 
attendance shall be made, as the Senate, when 



32 SPEAKER. 

a quorum Is convened, shall jndge sufficient, and 
in that case the expenses shall be paid out of the 
contingent fund. And this rule shall apply as well 
to the first convention of the Senate, at the legal 
time of meeting, as to each day of the session, af- 
ter the hour is arrived to which the Senate stood 
adjourned. — Rule 8.] 



SECTION IX. 

SPEAKER* 

[The Vice President of the United States shall 
be President of the Senate, but shall have no vote 
unless they be equally divided. — Const. Z7. S. 
Art. 1, Sec. 3. 

The Senate shall choose their other officers, 
and also President pro tempore in the absence of 
the Vice President, or when he shall exercise the 
office of President of the United Slates. — Const* 
U. S. Art. 1, See. 3. 

The House of Representatives shall choose 
their Speaker and other officers. — Const. U. S. 
Art. 1, Sec. 2.] 

When but one person is proposed, and no ob- 
jection made, it has not been usual in Parliament 
to put any question to the House; "but without a 
question, the members proposing him, conduct 
him to the chair. But if there be objection, or 
another proposed, a question is then put 6y the 
clerk. — 2 Hats. 168. As are also questions of 
adjournment— 6 Grey, 406. Where the'House 



SPEAKER. 30 

debated and exchanged messages and answers 
with the King for a week, without a Speaker, till 
they were prorogued. They have done it de die 
in diem for 14 days. — 1 Chand. — 331, 335. 

[In the Senate, a President pro tempore, in the 
absence of the Vice President, is proposed and 
chosen by ballot. His office is understood to be 
determined on the Vice President's appearing and 
taking the chair, or at the meeting of the Senate 
after the first recess. — Vide Rule 23.] 

Where the Speaker has been ill, other Speakers 
pro tempore have been appointed. Instances of 
this are, 1 H. 4, Sir John Cheney, and Sir Wm. 
Sturton, and in 15 H. 6, Sir John Tvrrel, in 
1656, Jan. 27— 1658, March 9— 1659, Jan. 13. 

Sir Job Charhon ill, Seymour"} 
chosen; 1673, February 18. | Not merely pro 

Seymour being ill, Sir Kobert ! tempore. — 1 
Sawyer chosen, 1678, April 15. f Chan, 169,276, 

Sawyer being il), Seymour j 277. 
chosen. J 



Thorpe in execution, a new Speaker chosen— 
13 H. VI— 3 Grey, 11; and March 14, 1694, Sir 
John Trevor chosen. There have been no later 
instances — 2 Hats. 161. — 4 Inst. — 8 Lex Pari. 
263. 

A Speaker may be removed at the will of the 
House, and a Speaker pro tempore appointed.— 2 
Qrey y 186—5 Grey, 134.— Vide Rule Sen. 29, 
3 



B4 ADDRESS — COMMITTEES. 

SECTION X. 

ADDRESS. 

[The President shall, from time to time, give to 
the Cong e^s information of the Sta'e of (he Union, 
and recommend to their consideration such me - 
sures as he shall judg? necessary and expedient.— 
Const. Art. 2, Sec. 3.] 

A joint ac'dres> fern hoth Houses of Parliament 
is read by. thu St-enkrr of the House of Lords, 
It may be-ntteru'ed by hoth Houses in a body, or 
by a com miree "from each House, or by the two 
Speakers only. An address ofthe House of Com- 
mons only, m?:y be presen^d by the whole House, 
or by the Speaker. — 9 Grey, 473, 1 Chandler, 
298, 310, or hy t\w\\ particular members as are of 
the Privy Council.— 2 Hats. 276. 



section X; 

COMMITTEES,* 

Standing commit ees, as of privileges and elec- 
tions &r.. are »>su. Uy appointed at the first meet- 
ing, to c( nt n' ; e ?hr< ugh the session. The person 
first named is geneia'ly permitted to act as chair- 
man. Bt t i i is is r matter of courtesy; every com- 
mittee lading a light ro elect their own chairman, 
who presides o^er them, puts questions, and re- 
ports their proceed «.gs to the House. — 4 Inst. 11, 
12— Scob 7—1 Guy, 112. 

*M<mner of appointing Committees.— Vide Senate Ruletli* 
Rules Ji. R.9. 



COMMITTEE OF THE WHOLE 



3& 



At these committees the members are to speak 
standing, and not sitting; though there is reason to 
conjecture it w s formerly otherwise — D'Eives 
630, Col 1.— 4 Par/. Hut. 440—2 Hats. 77. 

Their proceed ngs are not to be published, as 
they are of no force till confirm' d by the House.— 
Rushw. part 3, vol.% 74—3 Grey, 401— Scoh 
39. Nor can they rece-ve a petition but through 
the House.— 9 Grey. 412. 

When a committee is charged with an inquiry* 
if a member prove to be involved they cannot pro- 
ceed aga ; nst him; hut must make a special report 
to the House; whereupon the member is heard in 
his place, or at the bar, or a special authority is 
given to the committee to enquire concerning him. 
9 Grey, 523. 

So soon as the House si's, and a committee is 
notified of it, the chairman is hi duty bound to rise 
instantly, and the members to attend the service of 
the House.— 2 Nals. 319. Vide Rules, H. of R. 
78. 

It appears that, on joint committee of the Lords 
and Commons, each committee acted integrally, 
in the following instances — 7 Grey, 261, 278, 
285, 338.— 1 Chand, 357, 362. In the follow- 
ing instances it does not appear whether they did 
or not.— 6 Grey, 129— 7 Grey, 213, 229,321. 



SECTION XII. 

COMMITTEE OF THE WHOLE. 

The speech, messages, and other matters of 



a« 



COMMITTEE OF THE WHOLE. 



great concernment, are usually referred to a com- 
imttee of the whole House — 6 Grey, 311, where 
general principles are digested in the- form of reso- 
lutions, which are debated and amended until they 
get into a s' a[>e which mees tie approbation of a 
majo ity These being reported nnd confirmed by 
the Ho ise, are then referred to one or more select 
committees^, according as the subject divides itself 
into one or more bills — Scob. 36, 44. Proposi- 
tions for any change on die people, are especially 
to be first m-iuV. in a committee of the whole — 3 
Hats 127. Vide Rules, H. R. 101. The sense 
of the whole is better taken in committee, because 
in all committees every one soenks as often as 
he pleases — Scob. 49. Vide Rules H R. 104. 
They generally acquiesce in the chairman named 
by the Speaker; but, as well as all other commit- 
tees, have a right to elect one, some member, by 
con3en', putting the question — Scob. 36. 3 Grey, 
301. Vide Rules, H. R. 96. The form of going 
from the House into committee, is for the Speak- 
er, on motion, to put the question that the House 
do now resolve itself into a committee of i he whole, 
to take under consideration such a matter, nam- 
ing it. If determined in the affirmative, he leaves 
the chair, and takes a seat elsewhere, as any other 
member; and the per?on appointed chairman, seats 
himself at the clerk's table. — Scob. 36. Vide 
Rules H. R. 95. Their quorum is the same as 
that of the House; and, if a defect happens, the 
chairman, on a ra«»tion and question, rises, the 
Speaker resumes the chair, and the chairman can 
make no other report than to inform the House of 



COMMITTEE OF THE WHOLE 37 

the cause of their dissolution. If a message is 
announced during a commit* e, the Speaker takes 
the chair, and receives it. because the committee 
cannot.— 2 Hats. 125, 126. 

In a committee of the whole, the tellers on a di- 
vision, differing as to memheis, great heats and 
confusion arose, and darger of a decision by the 
sword. The Speaker took tie chair, the mace 
was forcibly laid on the tible; whereupon, the 
members retiring to their places, tl\e Speaker told 
the House "he had taken the chair without an 
order, to Iring the House into oider." — Some 
excepted against it; but it was generally approved 
as the only exp< dient to suppress the di?order. 
And every member was required, standing up in 
his place, to eng ge that he wouM proceed no fur- 
ther, in consequence of wh it h id happened in the 
grand commiue, which was done. — 3 Grey, 139. 

A committee of the whole being hroken up in 
disorder, and the chair resumed hy the Speaker 
without an oider, the House was adjourn* d. The 
next day the committee was considered as there- 
by dissolved, and the subject again before the 
House; and it was decided in the House, without 
returning into committee. — 3 Grey, 130. 

No previous question can be put in a committee; 
nor can this committee adjourn as others may; but 
if their business is unfinished, and the chairman 
reports that the commit ee of the whole have, ac- 
cording to order, had under their consideration 
such matter, and have made progress therein; but 
not having time to go through the same, have di- 
rected him to ask leave to sit again . Whereupon, 



BB EXAMIN \.TION OF WITNESSES, 

a question is put on their having leave, and on the 
time when the House will again resolve itself into 
a committee. — Scob. 3H. But, if they have gone 
through the m itter referred to them, a member 
moves that the committee may rise, and the chair- 
man report their proceedings to the Hou?e; which 
being resolved, the chairman rises, the Speaker 
resumes the chair, the chairman informs him that 
the committee have gone through the business re- 
ferred to them, and that he is ready to make re- 
port when the House shall think proper to re- 
ceive it. 

If the House have time to receive it, there is 
usual ly aery of "now, now," whereupon he makes 
the report: but if it be lato, the cry is "to-mor- 
row, to-morrow, 1 ' or "on Monday" &c , or a mo- 
tion is made to that effect, and a ques'ion put, that 
it be received to morrow. &c. — Scab. 38. 

in other things the rules of proceedings are to 
be the same .as in the House. — Scob. 39. 



SECTION XIII. 

EXAMINATION OF WITNESSES. * 

Common fame is a good ground for the House 

to proceed by inquiry, and even to accusation. — 

Reolution of House of Commons, I Car. 1, 

165— Rush Lex. Pari 115— 1 Grey, 16, 22, 

92—8, Grey, 21, 23, 27, 45. 

Witnesses are not to be produced but where the 
House has previously instituted an inquiry,— 2 



EXAMINATION OP WiTKESFES. 39 

Hats. 102, nor then are orders for their attend- 
ance given blank. — 3 Grey, 51. 

When any person is examined before a commi- 
tee, or at the bar of the House, any member wish- 
ing to ask the person a quest on. must address it 
to the Speaker or Chairman, who repeats the ques- 
tion to the person, or says to him, "you hear the 
question, answer it." But if the propriety of the 
question be objected to, the Speaker directs the 
witness, counsel and parties, to withdraw; for no 
question can be moved, or put, or debated, while 
they are there. — 2 Hats. 108. Sometimes the 
questions are previously settled in writing before 
the witness enters.— 2 Hats. 103, 107.— 8 Grey, 
64. The question asked must be entered in the 
journals. — 3 Grey, 81. But the testimony given 
in answer before the Mouse, is never written down; 
but before a committee it must be, for the infor- 
mation of the How e, who are not present to hear 
it.- — T Grey. 52, 334. 

If either House have occasion for the presence 
of a person in custody of the other, they ask the 
other their leave that he may be brought up to them 
in custody. — 2 Hats. 52. 

A member, in his place, gives information to the 
House of what he knows of any matter under hear- 
ing at the bar. — Jour. H. of C, Jan. 22, 1744 
—'5. 

Either House may request, but not command 
the attendance of a member of the other. They 
are to make the request by message to the other 
House, and to express clearly the purpose of at- 
tendance, that no improper subject of examination 



40 ARRANGEMENT OF BUSINESS, 

may be tendered tp him. The House then gives 
leave to the member to attend, if he choose it; 
waiting first to know from the member whether 
he chooses to aftend, till which they do not take 
the message into consideration. But when the 
Peers are sitting as a Court of Criminal Judica- 
ture, they may order attendance; unless where it 
be a case of impeachment by the Commons. 
There it is to be a request. — 3 Hats. 17 — 9 Grey 
306, 40cJ— 10 Grey, 133. 

Counsel are to be heard only on private, not on 
public bills; and on such points of law only as the 
House shall direct. — 19 Grey, 61. 



SECTION XIV. 

ARRANGEMENT OF BUSINESS. 

The Speaker is not precisely bound to any rules 
as to what bills or other matter shall be first taken 
up, but is left to his own discretion, unless the 
House, on a question decide to take up a particu- 
lar subject, — Hakew. 138. 

A settled order of business is, however, neces- 
sary for the government of the presiding person, 
and to restrain individual members from calling up 
favorite measures, or matters under their special 
patronage, out of their just turn. It is useful also 
for directing the discretion of the House, when 
they are moved to take up a particular matter, to 
the prejudice of others having a priority of right 
to their attention in the general order of business* 



ARRANGEMENT OF BUSINESS. 41 

[In Senate, the Li1 ? f and off er papers which are 
in possession of the H< use, and in a state to be ac- 
ted upon, are arranged every morning, and brought 
on in thfi following order: 

1. Bills ready for a second reading are read, 
that they may be referred to committees, and so be 
put under way. But if, on their being read, no 
motion is made forcomnvtmen', they are then laid 
on the table in the general file, to le taken up in 
their just turn. 

2. Afier 12 o'clock, bills ready for it are put 
on their passage. 

3. Reports in possession of the House, which 
offer grounds for a bill, are to be taken up that a bill 
may be ordered in. 

4. Bills or other matters before the House, 
and unfinished on the preceding day, whether ta- 
ken up in turn, or on special ord^r, are entitled 
to be resumed and passed on through their present 
stage. 

5. These matters being despatched, for pre- 
paring and expediting business, the general file of 
bills and other papers is then taken pp, and each 
article of it is brought on according to its seniori- 
ty, reckoned by the date of its first introduction to 
the House. Reports on bills belong to the dates 
Of their bills 

(The arrangement of the business of the Sen- 
ate is now as follows: 

1. Motions previously submitted, 

2. Reports of committees previously made. 

3. Bills from the House of Representatives, 



42 ARRANGEMENT OF BUSINESS. 

and those introduced on leave, which have been 
read the first time, are read the second time; and, 
if not referred to a committee, are considered in 
Committee of the Whole, and proceeded with as 
in other cases. 

4. After 12 o'clock, engrossed bills of the Sen- 
ate, and bills of the H >use of Representatives, on 
the third reading, are put on their passage. 

5. If the above are finished before 1 o'clock, 
the general file of bills, consisting of those report- 
ed from committees on the second reading, and 
those reported from Committees after having been 
referred, are taken up in the order in which they 
were reported to the Senate by the respective 
Committees. 

6. At 1 o'clock, if no business be pending, or 
if no motion be made to proceed to other business, 
the special orders are called, at the head of which 
stands the unfinished business of the preceding 
day.)— Vide Rules H. of R. 16, 17. 

In this way we do not waste our time in debat- 
ing what shall be taken up; we do one thing at a 
time, follow up the subject while it is fresh, and 
till it is done with; clear the House of business 
gradatim as it is brought on, and prevent, to a cer- 
tain degree, its immense accumulation towards the 
close of the session. 

Arrangement, however, can only take hold of 
matters in possession of the House. New mat- 
ter may be moved at any time, when no question 
is before the House. Such are, bills from the oth- 
er House, which are received at all limes, and re- 
ceive their first reading as soon as the question 



ORDER^ 43 

then before the House is disposed of; and bills 
brought in on leave, which are read first whenever 
presented. So, mess; ges fiom the other Home 
respecting amendments to bills, are taken up as 
soon as the House is clear of a question, unless 
they require to be primed, for better consideration. 
Orders of the day may be called f< r, even when 
another question is before the House.] 



SECTION XV. 

ORDER. 

[Each House may determine the rules of its 
proceedings, punish its members for disoiderly be- 
havior, and, with the concurrence of two-thirds, 
expel a member. — Const. U. $ , I. 5.] 

In Parliament, "instances rmke order," per 
Speaker Onslow, 2 Hats 144; but what is only 
done by one Parliament, cannot be called custom of 
Parliament- by Prynne, 1 Grey 52. 



SECTION XVI. 

ORDER RESPECTING PAPERS, 

The Clerk is to let no journals, records, ac- 
counts, or papers, be taken from the table, out of 
his custody.— Hats. 193, 194. 



44 ORDER IN DEBATE. 

Mr. Prynne having, at a Committee of the 
Whole, amended a mistake in a bill, without order 
or knowledge of the committee, was repriman- 
ded.—! Chand. 77. 

A bill being missing, W« Hou^e resolved that a 
protestation should be made and subscribed by 
the members, "before Almighty G »d and this hon- 
orable House, th it neither myself nor any other, 
to my knowledge, have taken away, or do at this 
present conceal a bill entitled," &c — 5 Grey ,202, 

After a b 11 is engrosse I, it is pur into the Speak- 
er's hands, and he is riot ro let any one have it to 
look into.— Town.CoL 209. 



SECTION XVII. 

ORDER IN DEBATE. 

When the Speaker is seated in the chair, every 
member is to sit in his place. — Scob. 6. — 3 Grey, 
403. 

When any member means to speak, he is to 
stand up in his place, uncovered, and to address 
himself, not to the House or any particular mem- 
ber, but to the Speaker, who calls him by his name, 
that the House may take notice who it is that 
speaks.— Scob. 6.— D' Ewes, 487, Col. 1.— 2 
Hats. 77—4 Grey, 63—8 Grey, 108. But mem- 
bers who are indisposed mny be indulged to speak 
sitting— 3 Hats. 75,77—1 Grey 193. 

[In Senate every member, when he speaks, shall 



ORDER IN DEBATE* 48 

address the chair, standing in his place; and when 
he has finished, shall sit down. — Rule 3. 

When any member is ab;ut to speak in debate, 
or deliver any matter to i he House, he shall rise 
from his se;it, and respectfully addiess himself to 
"Mr. Speaker," and shall confine himself to the 
question under debate, and avoid personality, — 
Rule ofH R. 20.] 

When a member stands np to speak, no ques- 
tion is to be put; but he is io be heaid, unless the 
House overrule him. — 4 Grey, 390-5. — Grey 6, 
143. 

If two or more rise to spenk nearly together, the 
Speaker determines who was first up; and calls 
him by name, whereupon he proceeds, unless he 
voluntarily sits down, and gives way to the other. 
But sometimes the House does not acquiesce in 
the Speakers decision; in which case, the ques- 
tion is put, ''Which member was first up? 1 '— 2 
Hats. 76.- Scob. 7— D'Ewes, 434, Col 1. 2. 

[In the Senate of ihe United States, the Presi- 
dent's decision is without appeal. Their rule is 
in these words: When two members rise at the 
same time, the President shall name the person to 
speak; but in all cases, the member who shall first 
rise and address the chair, shall speak first. — 
Ruled.] 

No man may speak more than once to the same 
bill, on the same day; or even on another day, if 
the debate be adjourned. But if it be read more 
than once, in the same day, he may speak once at 
every reading.— Co. 12, 116, — Hakew. 148. — 
Scob* 58. — 2 Hats, 75. Even a change of opinioa 



£® ORDER IN DEBATE 

does not give a right to be heard a second time. — 
Smyth Cornw. L. 2, c 2, — Arcan. Pari. 17. 

[The corresponding rule of Sena e is in these 
words: No member shall speak m >re than twice 
in any one debat* on the same day, without leave 
of the Senate. — Rale 4. 

No member shall speak more than twice to the 
same question, without leave of the House, nor 
more than once until every member choosing to 
speak shall have spoken. — Rule of H. R. 23.] 

But he may be permitted to speak again to clear 
a matter of fact — 3 Grey, 357, 418; or merely 
to explain himself, 3 Hats. 73, in some material 
part of his speech, ib. 75 ; or to the manner or words 
of the question, keeping himself to that only, 
and not travelling into the merits of it — Memo- 
riah in Hakew. 29 ; or to the orders of the House, 
if they be transgressed, keeping within that line, 
and not railing into the matter itself. — Mem. 
Hakew. 30. 31. 

But if the. {Speaker rises to speak, the member 
standing up ought to sit down, that he may be first 
heard.— Town, col 205— Hale Pari \33—Mem. 
in Hakew. 30, 31. Nevertheless, though the 
Speaker may of right speak to matters of order 
and be first heard, he is restrained from speaking 
on any other subject, except where the House have 
occasion for facts within his knowledge; then he 
may, with their leave, state the matter of fact.— 
B Grey 38. 

No one is to speak impertinently or beside the 
question, snpet flnously or tediously. — Scob. 31, 33, 
% Hals. lt)6 ; 168— Hale Pari 133. 



OKDER IN DEBATE* 47 

No person is to use indecent language against 
the proceedings of the House, no prior determina- 
tion of which is to be reflecied on by any member, 
unless he m^ans to conclude with a motion to res- 
cind it— 2 Hats, 169. 170— Rushw. p. 3, v. l.fol 
42. But while a proposition is under considera- 
tion, is still in fieri, though it has even been re- 
ported by a committee, reflections on it are no re- 
flections on the House. — 9 Grey, 808. 

No person, in speaking, is to mention a member 
then present by his name; but to describe him by 
his seat in the House, or who spoke last, or on 
the other side of the question. — Mem. in Hakew.— 
3 Smyth's Comw. L. 2, c. 3; nor to digress from 
the matter to fall upon the person — Scob. 31 — 
Hale Pari. 133 — -2 Hats. 168, by speaking revil- 
ing, nipping, or unmannerly words against a parti- 
cular member . — Smyth's Comw, L. 2, c. 3. The 
consequences of a measure may be reprobated in 
strong terms; bui to arraign the motives of those 
who propose or advocate it, is a personality, and 
against order. — Qui digreditur a materia ad per- 
sonam, Mr. Speaker ought to suppress.— Orel. 
Com. 1604, April 10, 

[When a member shall be called to order, he 
shall sit down until the President shall have de- 
termined whether he is in order or not. — Rule 16. 

No member shall speak to another, or otherwise 
interrupt the business of the Senate, or read any 
printed paper, while the journals or public papers 
are reading, or when any member is speaking in 
any public debate- — Rule 2. 

Whilst the Speaker is putting any question, or 



48 ORDEK IN DEBATE, 

addressing the House, none shall walk out or 
across the House; nor >n stich case, or when a 
member is speaking, sh ill entertain private dis- 
course; nor while a member is spe iking, shall pass 
between him and the chair. — Rules H. R. 25.] 

No one is to disturb another in his speech, by 
hissing, coughing, spitting — 6 Grey, 332—Scob. 
8 — D'Ewes, 332, col. 1; nor stand op to interrupt 
him, Toivn. col. 203 — Mem. in Haksw. 31 ; nor to 
pass between the Speaker and the .Speaking mem- 
ber; nor to go across the House. — Scob. 6; or to 
walk up and down it; or to take books or papers 
from the table, or write there. — 2 Hats. 171. 

Nevertheless, if a member finds it is not the in- 
clination of the House to heir him, ani that, by 
conversation or any other noise, they endeavor to 
drown his voice, it is the most prudent way to sub- 
mit to the pleasure of the House, and sit down; for 
it scarcely ever happens that they are guilty of 
this piece of ill manners without sufficient reason, 
or inattentive to a member who says any thing 
worth their hearing. — 2 Hats. 77,78. 

If repeated calls do not produce order, the 
Speaker may call by his name any member obsti- 
nately persisting in irregularity; whereupon the 
House may reqnire the member to withdraw. He 
is then to be heard in exculpation, and to with- 
draw. Then the Speaker states the offence com- 
mitted, and the House considers the degree of 
punishment they will inflict.-2/fct*. 169,7, 8, 172. 

For instances of assaults and affrays in the 
House of Commons, and the proceedings thereon. 



ORDER IN DEBATE. 49 

see 1 Pet. Misc.82— 3 Grey, 128—4 Grey, 238— 
6 Grey, 38—26 Grey, 205—10 Grey, 8. 

Whenever warm words or an assault have 
passed between members, the House, for the 
protection of their members, requires them to 
declare, in their places, not to prosecute anv 
quarrel— 3 Grey, 128, 293—5 Grey, 289— or or- 
ders them to attend the Speaker, who is to accom- 
modate their differences, and to report to the 
House, 3 Grey, 419; and they are put under res- 
traint, if they refuse, or until they do.— 9 Grey, 
234,312. 

Disorderly words are not to be noticed till the 
member has finished his speech.— 6 Grey, 356 — 
5 Grey, 60. 

Then the person objecting to them, and desiring 
them to be taken down by the clerk at the table, 
must repeat them. The Speaker then may direct 
the clerk to take them down in his minutes. But 
if he thinks them not disorderly, he delays the di- 
rection. If the call becomes pretty general, he or- 
ders the clerk to take them, as stated by the 
objecting member. They are then part of his min- 
utes; and, when read to the offending member, he 
may deny they were his words, and the House 
must then decide by a question whether they are 
his words or not. Then the member may justify 
them, or explain the sense in which he used them, 
or apologize. If the House is satisfied, no further 
proceeding is necessary. But if two members 
still insist to take the sense of the House, the 
member must withdraw before that question is 
stated, and then the sense of the House is to b$ 
4 



50 ORDER IN DEBATE. 

taken.— 2 Hats- 199—4 Grey, 170—6 Gr^,50. 
When any member has spoken, or other business 
intervened, after offensive words spoken, they can- 
not be taken notice of for censure. And this is for 
the common security of all, and to prevent mis- 
takes, which must happen, if words are taken 
down immediately. Formerly, they might be ta- 
ken down any time the same day. — -2 Hats. 169— 
Mem. inHakew.ll — 3 Grey, 48 — 9 Grey, 514. 

Disorderly words spokea in a committee, must 
be written down as in the House, but the commit* 
tee can only report them to the House for animad- 
version, — 6 Grey, 46. 

[The Rule of the Senate says, If a member be 
called to order for words spoken, the exceptionable 
words shall be immediately taken down in writ-, 
ing, that the president may be better enabled to 
judge.-- Fide 17] 

In Parliament, to speak irreverently or seditious-* 
ly, against the King, is against order'—- Smyth' s 
Comw. Z.2, c 3 — 2 Hats. 170. 

It is a breach of order in debate to notice what 
has been said on the same subject in the other 
House, or the particular votes or majorities on it 
there; because the opinion of each House should be 
left to its own independency, not to be influenced by 
the proceedings of the other; and the quoting them 
might beget reflections leading to a misunder- 
standing between the two Houses. — 8 Grey, 22, 

Neither House can exercise any authority over a 
member or officer of the other, but should com- 
plain to the House of which he is, and leave the 
punishment to them. Where the complaint is of 



0HDER IN DEBATE. 5£ 

words disrespectfully spoken by amemberof ano« 
ther House, it is difficult to obtain punishment, be- 
cause of the rules supposed necessary lo be ob- 
served (as to the immediate noting down of words) 
for the security of members. Therefore, it is the 
duty of the IJouse, and more particularly of the 
Speaker, to interfere immediately, and not to per- 
mit expressions to go unnoticed, which may give 
a groutid of complaint to the other House, and in- 
troduce proceedings and mutual accusations be- 
tween the two Houses, which can hardly be ter- 
minated without difficulty and disorder. — 3 Hats. 
51. 

No member may be present when a bill, or any 
business concerning himself is debating? nor is 
any member to speak to the merits of it till he 
withdraws. — 2 Hats. 219. The rule is, that if a 
charge against a member arise out of a report of a 
committee, or examination of witnesses in the 
House, as the member knows from that to what 
points he is to direct his exculpation, he may be 
heard to those points, before any question is mov- 
ed or stated against him. He is then to be heard, 
and withdraw before any question is moved. But 
if the question itself is the charge, as for breach 
of order, or matter arising in debate, there the 
charge must be stated, that is, the question must 
be moved, himself heard, and then to withdraw.— 
% Hats. 121, 122. 

Where the private interests of a member are 
concerned in a bill or question, he is to withdraw. 
And where such an int rest has appeared, his voice 
has been disallowed, even after a division. In & 



92 0HDER IN DEBATE. 

case go contrary, not only to the laws of decency, 
but to the fundamental principles of the social 
compact, which denies to any man to be a judge 
in his own cause, it is for the honor of the House 
that this rule of immemorial observance should be 
strictly adhered to.— 2 Hats. 119, 121. — 6 Grey, 
368. 

No member is to come into the House with his 
head covered, nor to remove from one place to an- 
other with his hat on, nor is to put on his hat in 
coming in, or removing, until he be sit down in his 
place. — &cob* 6« 

A question of order may be adj urned to give 
time to look into precedents. — 2 Hats. 118. 

[In the Senate of the United States, every ques- 
tion of order is to be decided by the President, 
without debate; but if there be a doubt in his mind ? 
he may call for the sense of the Senate. — Rule 6. 

If any member, in speaking or otherwise, trans- 
gress the Rules of the House, the Speaker shall, 
or any member may, call to order: in which case 
the member so called to order, shall immediately 
sit down, unless permitted to explain; and the 
House shall, if appealed to, decide on the case, but 
without debate; if there be no appeal, the decision 
of the Chair shall be submitted to. If the decision 
be m favor of the member called to order, he shall 
be at liberty to proceed; if otherwise, he shall not 
be permitted to proceed without leave of the House; 
and, i( the case require if, he shall be liable to the 
ceft'sure of the House. — Rules H R. 21.] 

In Parliament, all decisions of the Speaker may 
be controlled by the House. — 3 Grey % 319, 



ORDERS OF THE HOUSE. S3 

SECTION XVIII. 

ORDERS OF THE HOUSE. 

Of right, the door of the House ought not to be 
shut, but to be kept by porters or sergeants-at- 
arms, assigned for that purpose. — Mod. ten. Pari. 
23. 

[By the rule of the Senate, on motion made and 
seconded to shut the doors of the Senate, on the 
discussion of any business which may, in the 
opinion of a member, require secrecy, the Presi- 
dent shall direct the Gallery to be cleared, and, 
during the discussion of such motion, the door shall 
remain shut. — Rule 18. 

No motion shall be deemed in order to admit any 
person or persons whatever within the doors of the 
Senate chamber, to present any petition, memo- 
rial or address, or to hear any such read. — Rule 
19] 

The only case where a member has a right to 
insist on any thing, is where he calls for the exe- 
cution of a subsisting order of the House. Here, 
there having been already a resolution, any mem- 
ber has a right to insist that the Speaker, or any 
other whose duty it is, shall carry it into execu- 
tion; and no debate or delay can be had on it. Thus 
any member has a right to have the House or Gal- 
lery cleared of strangers, an order existing for that 
purpose; or to have the House told when there is 
not a quorum present. — 2 Hats. 87, 1 29. How far 
an order of the House is binding, see Hakew. 392. 

But where an order is made that any particular 



§4 ORDERS OF THE HOUSE 

matter be taken upon a particular day, there a 
question is to be put when it is called for, Wheth- 
er the House will now proceed to that matter? 
Where orders of the day are on important or inte? 
resting matter, they ought not to be proceeded on 
till an hour to which the House is usually full— 
(which in Senate is at noon.) 

Orders of the day may be discharged at any 
time, and a new one made for a different day. — 3 
Grey,, 48, 313. 

When a session is drawing to a close, and the 
important bills are all brought in, the House, in 
order to prevent interruption by further unimport^ 
ant bills, sometimes come to a resolution that no 
new bills be brought in, except it be sent from the 
other House. — 3 Grey, 156, 

All orders of the House determine with the ses- 
sion; and one taken under such an order, may, after 
the session is ended, be discharged on a Habeas 
Corpus.— Raym. 120.— Jacob's L- D. by Rvff- 
heqd — Parliament, 1 Lev. 165, Prit chard's case, 
[[Where the Constitution authorizes each House 
to determine the Rules of its proceedings, it must 
mean in those cases, legislative, executive or judi- 
ciary, submitted to them by the Constitution, or 
in something relating to these, and necessary to- 
wards their execution. But orders and resolutions 
are sometimes entered in the journals, having no 
relation to these, such as acceptances of invita- 
tions to attend orations, to take part in proces- 
sions &,c. These must be understood to be merely 
conventional among those who are willing to par? 
ticipate in the ceremony, and are therefore per- 



PETITIONS. 55 

baps improperly placed among the records of the 

House.] 



SECTION XIX, 

PETITIONS. 

A petition prays something. A remonstrance 
has no prayer.— -lOrn/, 58. 

Petitions must be subscribed by the petitioners,, 
Scob. 87— Z. Pari c. 22—9 Grey, 362, unless 
they are attending, 1 Grey, 401, or unable to sign, 
and averred by a member, 3 Grey, 418. But a 
petition not subscribed, but which the member 
presenting it affirmed to be all in the hand-writing 
of the petitioner, and his name written in the be- 
ginning, was, on the question, (March 14, 1800,) 
received by the Senate, The averment of a mem- 
ber, or somebody without doors, that they know 
the hand-writing of the petitioners, is necessary, 
if it be questioned.— -6 Grey, 36. It must be pre- 
sented by a member, not by the petitioners, and 
must be opened by him, holding it in his hand.— 
10 Grey, 57. 

[Before any petition or memorial, addressed to 
the Senate, shall be received and read at the table, 
whether the same shall be introduced by the Presi- 
dent or a member, a brief statement of the con- 
tents of the petition or memorial shall verbally be 
made by the introducer. — Bute 24. 

Petitions, memorials and other papers, address- 



58 MOTIONS. 

ed to the House, shall be presented by the Speak- 
er, or by a member in his place; a brief statement 
of the contents thereof shall verbally be made by 
the introducer, and shall not be debated or decided 
on the day of their being first read, unless where 
the House shall direct otherwise, but shall lie on 
the table, to be taken up in the order they were 
read.— Rules H. R. 45.} 

Regularly a motion for receiving it must be 
made and seconded, and a question put, Whether 
it shall be received? But aery from the House of 
"Received," or even its silence, dispenses with 
the formality of this question; it is then to be read 
at the table, and disposed of. 



SECTION XX. 

MOTIONS. 

When a motion has been made, it ^ not to be 
put to the question, or debated, until it is second- 
ed.— Scob. 21. 

[The Senate say, No motion shall be debated un- 
til the same shall be seconded. — Rule 9.] 

It is then, and not till then, in possession of the 
House. It is to be put into writing, if the House 
or Speaker require it, and must be read to the 
House by the Speaker, as often as any member 
desires it for his information — 2 Hats. 82. 

[The Rule of the Senate is; When a motion shall 
be made and seconded, it shall be reduced to writ- 



RESOLUTIONS. 57 

ircg, if desired by the President or any member, 
delivered in at the table, and read by the Presi- 
dent, before the same shall be debated. — Rule 10. 

When a motion is made and seconded, it shall 
be stated by the Speaker; or, being in writing, it 
shall be handed to the chair, and read aloud by the 
clerk before debated. — Rules H* of R. 29. 

Every motion shall l>e reduced to writing, if the 
Speaker or any member desire it.— Rules H.ofR* 
30.] 

It might be asked whether a motion for ad- 
journment, or for the orders of the day, can be 
made by one member while another is speaking? 
It cannot. When two members offer to speak, he 
who rose first is to be heard, and it is a breach of 
order in another to interrupt him, unless by call- 
ing him to order if he departs from it. And the 
question of order being decided, he is still to 
be heard through. A call for adjournment, or 
for the order of the day, or for the question, 
by gentlemen from their seats, is not a motion. 
No motion shall be made without rising and ad- 
dressing the chair. Such calls are themselves 
breaches of order, which, though the member who 
has risen may respect as an expression of impa- 
tience of the House, against further debate; yet, if 
he chooses, he has a right to go on. 



SECTION XXL 

RESOLUTIONS. 

When the House commands, it is by an "or* 



58 BILLS, 

der." But fact, principles, their own opinions, 
and purposes, are expressed in the form of resolu- 
tions. 

[A resolution for an allowance of money to the 
clerks, being moved, it was objected to as not in 
order, and so ruled by the chair. But, on an ap- 
peal to the Senate, (i, e. a call for their sense by 
the President, on account of doubt in his mind, ac- 
cording to Rule 18.) the decision was over-ruled.—- 
Journ. Sen. June 1, 1793. I presume the doubt 
was, whether an allowance of money could be 
made otherwise than by bill.] 



SECTION XXII. 

BILLS. 

[Every bill shall receive three readings, previoug 
to its being passed; and the President shall give 
notice at each, whether it be the first, second or 
third; which reading shall be on three different 
days, unless the Senate unanimously direct other- 
wise. — Rule 26. 

Fvery bill shall be introduced by motion for 
leave, or by an order of the House, on the report 
of the committee; and, in either case, a committee 
to prepare the same shall be appointed. In cases 
of a general nature, one day's notice, at least shall 
be given of the motion to bring in a bill; and every 
such motion may bs committed.— Rides H. R. 87] 



BILLS, LEAVE TO BRING IN. — FIRST READING. 59 

SECTION XXIIf, 

BILLS, LEAVE TO BRING IN. 

[One day^s notice, at least, shall be given of an 
intended motion for leave to bring in a bill.— 
Rule 25.] 

When a member desires to bring in a bill on any 
subject, he states to the House, in general terms, 
the cause for doing it, and concludes by moving 
for leave to bring in a bill, entitled, &c. Leave 
being given, on the question, a committee is ap? 
pointed to prepare and bring in the bill. The 
mover and seconder are always appointed on this 
committee, and one or more in addition. — Hakew. 
132—Scob. 40. 

It is to be presented fairly written, without any 
erasure or interlineation; or the Speaker may re- 
fuse it.— Scob. 31—1 Grey j 82, 84. 



SECTION XXIV. 

BILLS, FIRST READING. 



When a bill is first presented, the clerk reads it 
at the table, and hands it lo the Speaker, who, ris* 
ing, states to the House the title of the bid; that 
this is the first time of reading it; and the question 
will be, Whether it shall be read a second time? 
Then sitting down, to give an opening for objec- 
tions; if none be made, he rises again and puts 



60 BILLS, SECOND READING?. 

the question, Whether it shall be read a second 
time? — Hnkew. 137 , 141. A bill cannot be amend- 
ed at the first reading— 6 Grey, 236; nor is \t 
usual for it to be opposed then, but it may be done 
and rejected.— WEwes, 335, col. 1—3 Hats. 198. 
{Vide EulesH.B.8$.) 



SECTION XXV. 

BILLS, SECOND READING. 

The second reading must regularly be on anoth- 
er day. — IIakew.143. It is done by the clerk at 
the table, who then hands it to the Speaker. The 
Speaker, rising, states to the House the title of 
the bill, that this is the second time of reading it, 
and that the question will be, Whether it shall be 
committed, or engrossed and read a third time? 
But if the bill came from the other House, as it 
always comes engrossed, he states that the ques- 
tion will be, Whether it shall be read a third time? 
And, before he has so reported the state of the bill, 
no one is to speak to it. — Hakew. 143, 146. 

[In the Senate of the United States, the Presi- 
dent reports the title of the bill, that this is the se- 
cond time of reading it, that it is now to be consi- 
dered as in a committee of the whole, and the 
question will be, Whether it shall be read a third 
time? or that it may be referred to a special com- 
mittee, — Vide Rule 27.] 



BILLS, COMMITMENT. 61 

SECTION XXVL 

BILLS, COMMITMENT. 

If, on motion and question, it be decided that 
the bill shall be committed, it may then be refer- 
ed to be committed to a committee of the whole 
House or to a special committee. If the latter, 
the Speaker proceeds to name the committee. Any 
member also may name a single person, and the 
clerk is to write him down as of the committee. 
But the House have a controllii g power over the 
name and number, if a quest .on be moved against 
any one; and may in any case put in and out whom 
they please. 

Those who take exceptions to some particulars 
in the bill, are to be of ti e committee. But none 
who speak directly ag: inst the body of the bill. 
For he that would totally destroy, would not 
amend it. — Hakew. 146 — Town. col. 208 — 
D'Ewes 634, col. 2 — Scob. 47; or, as it is said, 5 
Grey, 145, the child is not to be put to a nurse that 
cares not for it. — 6 Grey, 373. It is therefore a 
constant rule, "that no man is to be employed in 
any matter who has declared himself against it." 
And when any member who is against the bill, 
hears himself named of its committee, he ought lo 
ask to be excused. Thus, March 6, 1605, Mr* 
Hadley was, on the question being put, excused 
from being of a committee, declaring himself to 
be against the matter itself. — Scob. 48. 

[No bill shall be committed or amended until it 
shall be twice read, after which it may be referred 
£o a committee. — Rule 27. 



62 BILLS, COMMITMENT. 

The first reading of the bill shall be for informa- 
tion; and if opposition be made to it, the question 
shall be, "shall this bill be rejected?" If no op- 
position be made, or if the question to reject be 
negatived, the bill shall go to its second reading 
without a quesiion. — Rules H. R. 89. 

In the appointment of the standing committees, 
the Senate wiil proceed, by ballot, severally to ap- 
point the chairman of each committer, and then, 
by one ballot, the other members necessary to 
complete the samei and a majority of the whole 
number of votes given shall be necessary to the 
choice of a chairman of a standing committee. All 
other committees shall be appointed by ballot, and 
a plurality of votes shall m >ke a choice. "When 
any subject or matter shall have been referred to a 
committee, any other subject or matter of a simi- 
lar nature, may, on motion, be referred to such 
committee.— Rule 34.] 

The clerk may deliver the bill to any member of 
the committee. — Town, col, 138. But it is usual 
to deliver it to him who is fi st named. 

In some cases, the House has ordered a commit- 
tee to withdraw immediately into the committee 
chamber, and act on, and bring back the bill, sit- 
ting the House.— Scob. 48. ( Vide Rules H. R. 78.) 

A committee meets when and where they please i 
if the House has not ordered time and place for 
them. — 6 Grey, 170. But they can only act when 
together, and not by separate consultation and con- 
sent, nothing being the report of the committee 
but what has been agreed to in committee actually 
assembled. 



BILLS, COMMITMENT. CS 

A majority of the committee constitutes a quo- 
rum for business. — Elsynge^s method of passing 
Bills, 11. 

Any member of the House may be present at any 
select committee, but cannot vote, and must give 
place to all o^ the committee, and must sit below 
them. — Elsynge 12 — Scob. 49. 

The committee have full power over the bill, or 
other paper committed to them, except that they 
cannot change the title or subject.— -8 Grey, 228. 

The paper before a committee, whether select 
or of the whole, may be a bill, resolutions, draught 
of address &c, and it may either originate with 
them, or be referred to them, In every case, tho 
whole paper is read first by the clerk, and then by 
the chairman, by paragraphs, Scoh. 49, pausing at 
the end of each paragiaph,- and putting questions? 
for amending, if proposed. In the case of resolu- 
tions on distinct subject, originating with them- 
selves, a question is put on each separately, as 
amended cr unamended, and no final question on 
the whole.— 3 Hats. 276. But if they relate to 
the same subject, a quesiion is put on the whole. 
If it be a bill, draught of an address or other pa- 
per originating with them, they proceed by para- 
graphs, putting questions for amending, either by 
insertion or striking out, if proposed; but no ques- 
tion on agreeing to the paragraphs separately. 
This is reserved to the clo*e, when a question is 
put on the whole for agreeing to it as amended or 
unamended. But if it be a p per referred to them* 
they proceed to put questions of amendment, if 
proposed, but no final question on the whole; be- 



61 BILLS, COMMITMENT. 

cause all part3 of the paper having been adopted 
fey the House, stand, of course, unless altered er 
struck out by a vote. Even if they are opposed to 
the whole paper, and think it cannot be made good 
by amendments, they cannot reject it, but must re- 
port it back to the House without amendments, 
and there make their opposition. 

The natural order in considering and amending 
any paper is, to begin at the beginning, and pro- 
ceed through it by paragraphs; and this order is so 
strictly adhered to in parliament, that, when a lat- 
ter part has been amended, you cannot recur baek 
and make any alteration in a former part —2 Hats. 
90, In numerous assemblies, this restraint is, 
doubtless, important. But, in the Senate of the 
United States, though in the main we consider and 
amend the paragraphs in their natural order, yet 
recurrences are indulged; and they seem, on the 
whole, in that small body, to produce advantages 
over-weighing their inconveniences. 

To this natural order, beginning at the begin- 
ning, there is a single exception found in Parlia- 
mentary usage. When a bill is taken up in com- 
mittee, or on its second reading, they postpone the 
preamble till the other parts of the bill are gone 
through. The reason is, that on consideration of 
the body of the bill, such alierations may therein 
be made, as may also occasion the alteration of 
the preamble. — Scob. 50, 7. Grey, 431. 

On this head, the following case occurred in the 
Senate, March 6, 1800. A resolution which had 
-no preamble, having been already amended by the 
House., so that a few words only of the original re- 



BILLS, COMMITMENT. 65 

mained in it, a motion was made to prefix a pre- 
amble, which, having an aspect very different from 
the resolution, the mover intimated that he should 
afterwards propose a correspondent amendment ia 
the body of the resolution. It was objected that a 
preamble could not be taken up till the body of the 
resolution is done with. But the preamblewas 
received; because we are in fact through the body 
of the resolution; we have amended that as far as 
amendments have been offered, and indeed till lit- 
tle of the original is left. It is the proper time, 
therefore, to consider a preamble; and whether the 
one offered be cons : stent with the resolution, is for 
the House to determine. The mover, indeed, has 
intimated that he shall offer a subsequent proposi- 
tion for the body of the resolution; but the House 
is not in possession of it; it remains in his breast 
and may be withheld. The Rules of the House 
can only operate on what is before them. The 
practice of the Senate, too, allows recurrences 
backwards and forwards for the purpose of amend- 
ment, not permitting amendments in a subsequent, 
to preclude those in a prior part, or e converso. 

When the committee is through the whole, a 
member moves that the committee may rise, and 
the chairman report the paper to the House, with 
or without amendments, as the case may be. — 2 
Hats. 189, 292—Scob, 53—2. Hats. 290, '98— 
8 Scob. 50. 

When a vote is once passed in a committee, it 
cannot be altered but by the House, their votes 
being binding on themselves. — 1607, June 4. 

The committee may not erase, interline or blot 



66 REPORT OF COMMITTEE, 

the bill itself; but must, in a paper by itself, set 
down the amendments, stating the words that are 
to be inserted or omitted, Scob. 50; and where, by 
reference to the page, line and word of the bill. — 
Scob. 50. 



SECTION XXVII. 

REPORT OF COMMITTEE. 

The chairman of the committee, standing in his 
place, informs the House that the committee to 
whom was referred such a bill, have according to 
order, had the same under consideration, and have 
directed him to report the same without any 
amendment, or w r ith sundry amendments, (as the 
case may be,) which he is ready to do when the 
House pleases to receive it. And he or any other 
may move that it be now received. But the cry 
of ;< now, now/' from the House, generally dispen- 
ses with the formality of a motion and question 
He then reads the amendments, with the cohe- 
rence in the bill; and opens the alterations, and 
the reasons of I he committee for such amendments, 
until he has gone through the whole. He then de- 
livers it at the clerk's table, where the amend- 
ments reported are read by the clerk, without the 
coherence; whereupon the papers lie upon the ta- 
ble, till the House, at its convenience, shall take 
up the report. — Scob. 52 — Hakcw. 148. 

The report being made, the committee is dis- 
solved, and can act no more without a new pow- 



BILL, RE-COMMITTED — BREPORT TAKEN UP. 67 

er. — Scob. 51. But it may be revived by a 
vote, and the same recommitted to them. — 4 Grey^ 
361. 



SECTION XXVIIL 

BILL, RE-COMMITTED, 

After a bi)l has been committed and reported, it 
ought not, in any ordinary course, to be re commit- 
ted. But, in cases of imporiance, and for special 
reasons, it is sometimes re-committed, and usually 
to the same committee, — Halceiv. 151. If a re- 
port be commitieri before agreed to in the House, 
what has passed in the committee is of no validi- 
ty; the whole question is again before the com- 
mittee, and a new resolution must be again mov- 
ed, as if nothing had passed. — 3 Hats. 131, note. 

In Senate, January, 1800, the salvage bill was 
recommitted three times after the commitment. 

A particular clause of a bill may be committed, 
without the whole bill — 3 Hats. 131; or so much 
of a paper to one, and so much to another com- 
mittee. 



SECTION XXIX. 

BILL, REPORT TAKEN UP. 

When the report of a paper, originating with a 



6S QUASr-COMMITTEE . 

committee, is taken up by the House, they pro- 
ceed exactly as in committee. Here, as in com- 
mittee, when the paragraphs have, on distinct 
questions, been agreed to seriatim. — 5 Grey, 
369—6 Grey, 363— 8 Grey, 47, 104, 360—1 
Torhuck'sdeb. 125—3 Hats. 343— No question 
needs be put on the whole report. — « p > Grey, 381. 
On taking up a bill reported with amendments, 
the amendments are only read by the clerk. The 
Speaker then reads the first, and puts it to the 
question, and so on till the whole are adopted or 
rejected, before any other amendment be admit- 
ted, except it be an amendment to an amend- 
ment. — Elsynge's Mem. 23. When, through the 
amendments of the committee, the Speaker pau- 
ses, and gives time for amendments to be pro- 
posed in the House to the body of the bill; as he 
does also if it has been reported without amend- 
ments; putting no question but on amendments 
proposed; and, when through the whole, he puts 
the question, Whether the bill shall be read a 
third time? 



SECTION XXX. 

QUASI-COMMITTEE. 

If on the modern and question, the bill be not 
committed, or if no proposition for commitment be 
made, then the proceedings in the Senate of the 
United States, and in Parliament, are totally dif- 
ferent. The former shall be first slated. 

[The 28th rule of the Senate says, "All bills, on 



QUASI COMMITTEE. 69 

a second reading, shall first be considered by ihe 
Senate in the same manner as if the Senate were 
in a committee of the whole, before they shall be 
taken up and proceeded on by the Senate agreea- 
bly to the standing rules, unless otherwise order- 
ed;" that is to say, unless ordered to be referred 
to a special committee. 

The proceedings of the Senate, as in a commit- 
tee of the whole, or in quasi-committee, is pre- 
cisely as in a real committee of the whole, taking 
no questions but on amendments. When through 
the whole, they consider the quasi committee as 
risen, the House resumed, without any motion, 
question or resolution to that effect, and the Presi- 
dent reports that "the House, acting as in commit- 
tee of the whole, have had under their considera- 
tion the bill, entitled, fee., and have made sundry 
amendments, which he will now report to the 
House." The bill is then before them, as it would 
have been if reported from a committee, and ques- 
tions are regularly to be put again on every amend- 
ment, which, being gone through, the President 
pauses to give time to the House to propose 
amendments to the body of the bill, and when 
through, puts the question, Whether it shall be 
read a third time? 

After progress in amending a bill in quasi-com- 
mittee, a motion may be made to refer it to a spe- 
cial committee. If the motion prevails, it is equi- 
valent in effect to the several votes that the com- 
mittee rise, the House resume itself, discharge 
the committee of the whole, and refer the bill to a 
special committee. In that case, the amendments 



70 QUASI-COMMITTEE. 

already made, fall. But if the motion falls, the 
quasi-committee stands in statu qno.^\ 

How far does this 28th rule subject the House, 
when in quasi-committee, to the laws which regu- 
late the proceedings of committees of the whole? 
The particulars, in which these differ from pro- 
ceedings in the House, are the following — 1. In a 
committee every member may speak as often as 
he pleases. 2. The votes of a committee may be 
rejected or altered when reported to the House. 
3. A committee, even of the whole, cannot refer 
any matter to another committee. 4. In a com- 
mittee, no previous question can be taken; the only 
means to avoid an improper discussion, is to move 
that the committee rise; and if it be apprehended 
that the same discussion will be attempted on re- 
turning into committee, the House can discharge 
them, and proceed itself on the business, keeping 
down the improper discussion by the previous 
question. 5. A committee cannot punish a bread) 
of order, in the House or in the gallery — 9 Grey, 
113; it can only rise and report it to the House, 
who may proceed to punish. The first and second 
of these particularities attach to the quasi-commit- 
tee of the Senate, as every day's practice proves; 
and seems to be the only ones to which the 28th 
rule meant to subject them ; for it continues to be a 
House, and, therefore, though it acts in some re- 
spects as a committee, in others it preserves its 
character as a House. Thus, 3d. It is in the dai- 
ly habit of referring its business to a special com- 
mittee. 4th It admits the previous question; if it 
did not, it would have no means of preventing an 



BILL, SECOND READING IN THE HOUSE. 71 

improper discussion; not being able, as the commit- 
tee is, to avoid it by returning into the House; for 
the moment it would resume the same subject 
there, the 20th rule declares it again aquasi-com- 
mittee. 5th. It would doubtless exercise its pow- 
ers as a House on any breach of order. 6th. It 
tikes a question by Yea and Nay, as the House 
does. 7th. It receives messages from the Presi- 
dent and the other House. 8ih. In the midst of 
a debate, it receives a motion to adjourn, and ad- 
journs as a House, not as a committee. 



SECTION XXXI- 

BILL, SECOND READING IN THE HOUSE. 

In Parliament, after the bill has been read a se- 
cond time, if, on the motion and question, it be 
not committed, or if no proposition for commit- 
ment be made, the Speaker reads it by paragraphs, 
pausing between each, but putting no question but 
on amendments proposed; and, when through the 
whole, he puts the question, whether it shall be 
read a third time? if it came from the other House. 
Or, if originating with themselves, whether it shall 
be engrossed and read a third time? The Speaker 
reads sitting, but rises to put a question. The 
clerk stands while he reads. 

[But the Senate of the United States is so much 
in the habit of making many and material amend- 
ments at the third reading, that it has become the 



72 BILL, SECOND READING IN THE HOUSE. 

practice not to engross a bill till it has passed. An 
irregular and dangerous practice; because, in this 
way, the paper which passes the Senate is not 
that which goes to the other House; and that 
which goes to the other House, as the act of the 
Senate, has never been seen in the Senate. In 
reducing numerous, difficult and illegible amend- 
ments into the text, the Secretary may, with the 
most innocent intentions, commit errors, which 
can never again be corrected.*] 

The bill being now as perfect as its friends can 
make it, this is the proper stage for those, funda- 
mentally opposed, to make their first attack. All 
attempts at other periods are with disjointed ef- 
forts; because many who do not expect to be in fa- 
vor of the bill ultimately, are willing to let it go on 
to its perfect state, to take time to examine it them- 
selves, and to hear what can be said for it; know- 
ing that, after all, they have sufficient opportuni- 
ties of giving it their veto. Its two last stages, 
therefore, are reserved for this, that is to say, on 
the question, Whether it shall be engrossed and 

*This difficulty has since been obviated by the following rule of 
the Senate: 

" The final question, upon the second reading of every bill, re- 
solution, constitutional amendment, or motion, originating in the 
Senate, and requiring three readings previous to being passed, shall 
be, Whether it shall be engrossed and read a third time?" and no 
amendment shall be received for discussion at the tbird reading of 
any bill, resolution, amendment, or motion, unless by uuanimous 
consent of the members present: but it shall at all times be in or- 
der ^before the final passage of any such bill, resolution, constitu- 
tional amendment, or motion, to move its commitment; and, should 
such commitment take place, and any amendment be reported by 
the committee, the said bill, resolution, constitutional amendment, 
or motion, shall be again read a second time, and considered as in 
committee of the whole, and then the aforesaid question shall be 
put."— iSiu'c 29. 



RfcADNG PAPERS. 73 

read a third time? and, lastly, Whether it shall 
pass? The first of these is usually the most in- 
teresting contest; because then the whole subject 
is new and engaging; and the minds of the mem- 
bers having not yet been declared by any trying 
vote, the issue is the more doubtful. In this stage 
therefore, is the main trial of strength between 
its friends and opponents; and it behoves every 
one to make up his mind decisively for this ques- 
tion, or he loses the main battle; and accident and 
management may, and often do, prevent a success- 
ful rallying on the next and last question. Wheth- 
er it shall pass? 

When the bill is engrossed, the title is to.be en- 
dorsed on the back, and not within the bill.— 
Hakeiv. 250. 



SECTION XXXH. 

READING PAPERS. 

Where papers are laid before the House or re- 
ferred to a committee, every member has a right 
to have them once read at the table, before he can 
be compelled to vote on them. But it is a great, 
though common error, to suppose that he has a 
right, toties quoties, to have acts, journal?, ac- 
counts or papers, on the table, read indepentently 
of the will of the House. The delay and inter- 
ruption which this might be made to produce, 
evince the impossibility of the existence of such 
a right. There is indeed so manifest a propriety 



71 READING PAPERS. 

of permitting every member to have as much in- 
formation as possible on every question on which 
he is to vote, that, when he desires the reading, if 
it be seen that it is really for information, and not 
for delay, the Speaker directs it to be read without 
putting a question, if no one objects. But, if ob- 
jected to, a question must be put. — 2 Hats, 117, 
118. 

It is equally an error, to suppose that any mem- 
ber has a right, without a question put, to lay a 
book or paper on the table, and have it read, on 
suggesting that it contains matter infringing on 
the privileges of the House. — 2 Hats. 117, 118. 

For the same reason, a member has not a right 
to read a paper in his place, if it be objected to, 
without leave of the House. But this rigor is nev- 
er exercised but where there is an intentional or 
gross abuse of the time and patience of the House. 

A memb3r has not a right even to read his own 
speech, committed to writing, without leave. This 
also is to prevent an abuse of time; and therefore, 
is not refused, but where that is intended. — 2 Grey, 
227. 

A report of a committee of the Senate on a bill 
from the House of Representatives being under 
consideration, on motion that the report of the 
committee of the House of Representatives on the 
same bill be read in Senate, it passed in the 
negative.— Feb. 23, 2793. 

Formerly, when papers were referred to a com- 
mittee, they used to be first read; but, of late, only 
the titles; unless a member insists they shall be 
read, and then nobody can oppose it. — 2 Hats. 117. 



PRIVILEGED QUESTIONS. 75 

SECTION XXXIIf. 

PRIVILEGED QUESTIONS. 

[When a question is under debate, no motion 
shall be received but to adjourn, to lie on the ta- 
ble, to postpone indefinitely, to postpone to a day 
certain, to commit or to amend; which several mo- 
tions shall have precedence in the order they stand 
arranged, and the motion for adjournment shall 
always be in order, and be decided without de- 
bate. — Rule 11. 

When a question is under debate, no motion shall 
be received but to adjourn, to lie on the table, for 
the previous question, to postpone to a day certain, 
to commit or to amend, to postpone indefinitely; 
which several motions shall have precedence in 
the order in which they are arranged: and no 
motion to postpone to a day certain, to commit, or 
to postpone indefinitely, being decided, shall be 
again allowed on the same day, and at the same 
stage of the bill or proposition. A motion to 
strike out the enac.ing words of a bill, shall have 
precedence of a motion to amend, and, if carried, 
shall be considered equivalent to its rejection. — 
Rules H. R. 32.] 

It is no possession of a bill, unless it be deliver- 
ed to the clerk to be read, or the Speaker reads the 
title.— Lex. Pari. 274. Elsynge, Mem. 85. Ord, 
House Commons, 64. 

It is a general rule that the question first mov- 
ed and seconded, shall be first put. — Scob. 28, 22. 
— 2 Hats. 81. But this rule gives way to what 



76 



PRIVILEGED QUESTIONS. 



may be called privileged questions^ and the privi- 
leged questions are of different grades among 
themselves. 

A motion to adjourn, simply take place of all 
others; for otherwise the House might be kept 
sitting agrinst its will, and indefinitely. Yet this 
motion cannot be received after another question 
is ac'ually put, and while the House is engaged in 
voting. 

Orders of the day takes place of all other ques- 
tions, except for adjournment. That is to say, 
the question which is the subject of an order, is 
made a privileged one, pro hac vice. The order 
is a repeal of the general rule as to this special 
case. When any member moves, therefore, for 
the orders of the day to be read, no further debate 
is permitted on the question which was before the 
House; for, if the debate might proceed, it might 
continue through the day, and defeat the order. — 
This motion, to entitle it to precedence, must be 
for the orders generally, and not for any particular 
one; and if it be carried on the question, "Wheth- 
er the House will now proceed to the orders of the 
day?" they must be read and proceeded on in the 
course in which they stand. 2 Hats. 83. For 
priority of order gives priority of right, which 
cannot be taken away but by another special or- 
der. 

After these, there are other privileged questions, 
which will require considerable explanation. 

It is proper that every Parliamentary assembly 
should have certain forms of questions, so adapted, 
as to enable them fitly to dispose of every propo- 



PRIVILEGED QUESTIONS. 77 

sition which can be made to them. Such are, 1. 
The previous question: 2. To postpone indefinite- 
ly: 3. To adjourn to a definite day. 4. To lie 
on the table: 5. To commit: 6. To amend. 
The proper occasion for each of these questions 
should be understood. 

1. When a proposition is moved, which it is 
useless or inexpedient now to express or discuss, 
the previous question has been introduced for sup- 
pressing, for that time, the motion and its discus- 
sion.— 3 Hats, 188, 189. 

2. But, as the previous questions gets rid of it, 
only for that day, and the same proposition may 
recur the next day, if they wish to suppress it for 
the whole of that session, they postpone it indefi- 
nitely. — 3 Hats. 183. This quashes the proposi* 
tion for that session, and an indefinite adjournment 
is a dissolution; or the continuance of a suit sine 
die, is a discontinuance of it. 

3. When a motion is made which it will be 
proper to act on, but information is wanted, or 
something more pressing claims the present time, 
the question or debate is adjourned to such a day 
within the session as will answer the views of the 
House. — 2 Hats. 81. And those who have spo- 
ken before, may not speak again when the adjourn- 
ed debate is resumed. — 2 Hats. 73. Sometimes, 
however, this has been abusively used, by adjourn- 
ing it to a day beyond the session, to get rid of it 
altogether, as would be done by an indefinite post- 
ponement. 

4. When the House has something else which 
claims its present attention, but would be willing 



78 PRIVILEGED QUESTIONS, 

to reserve in their power to take up a proposition 
whenever it shall suit them, they order it to lie on 
the table. It may then be called for at any time. 

5. If the proposition will want more amend- 
ment and digestion than the formalities of the 
House will conveniently admit, they refer it to a 
committee. 

6. But if the proposition be well digested, and 
may need but a few simple amendments, and es- 
pecially if these be of leading consequence, they 
then proceed to consider and amend it themselves. 

The Senate, in their. practice, vary from this re- 
gular gradation of forms. Their practice, com- 
paratively with that of Parliament, stands thus: 
[For the Parliamentary, The Senate uses, 

Postm't. indefinite. Postponement to a day 

beyond the session. 
Adjournment. Postponement to a day 

within the session. 

Lying on the (able, i Postponement indefinite. 
J 6 ) Lying on the table.] 

In their 11th Rule, therefore, which declares, 
that while a question is before the Senate, no mo- 
tion shall be received, unless it be for the previous 
question, or to postpone, commit or amend the 
main question, the term postponement must be 
understood according to their broad use of it, and 
hot in its Parliamentary sense. Their rule then 
establishes, as privileged questions, the previous 
question, postponement, commitment and amend- 
ment. 

But it may be asked, have these questions any 
privilege among themselves? or are they eo equal 



PRIVILEGED QUESTIONS. 



u 






In the 1st, 2nd, 
and 3d classes and 
the 1st member of 
i he fourth class, 
the rule "first mov- 
ed, first put," takes 
place.] 



that the common principle of the "first moved, 

first put," takes place among them! This will 

need explanation. Their competitions may he as 

follows: 

[1. Pit. Ques. and postpone,^ 

Commit, 

Amend. 

2. Postpone and prev. ques. 

Commit, 
Amend. 

3. Commit and prev. ques. 

Postpone, 
Amend. 

4. Amend, and prev. ques. 

Postpone, 
Commit. 

In the 1st class, where the previous question is 
first moved, the effect is peculiar. For it not only 
prevents the after moiion to postpone or commit, 
from being put to question before it, but also from 
being put after it. For, if the previous question 
be decided affirmatively, to wit: that the main 
question shall now be put, it would ot course be 
against the decision to postpone or commit. And 
if it be decided negatively, to wit: that the main 
question shall not now be put, this puts the House 
out of possession of the main question, and con- 
sequently, there is nothing before them io post- 
pone or commit. So that neither voting for nor 
against ihe previous question, will enable the ad- 
vocates for postponing or committing to get at 
their object. Whether it may be amended, shall 
be examined hereafter. 



80 PRIVILEGED QUESTIONS. 

2nd Class. — If postponement be decided af- 
firmatively, the proposition is removed from be- 
fore the House, and consequently, there is no 
ground for the previous question, commitmentt o 
amendment. But, if decided negatively, that it 
shall not be postponed, the main question may 
then be suppressed by the previous question, or 
may be committed or amended. 

The 3d class, is subject to the same observations 
the second. 

The 4th Class. — Amendment of the main ques- 
tion first moved, and afterwards the previous ques- 
tion, the question of amendment shall be first put. 

Amendment and postponement competing, post- 
ponement is first put, as the equivalent proposition 
to adjourn the main question would be in Parlia- 
ment. The reason is, that the question for amend- 
ment is not suppressed by postponing or adj ourning 
the main question, but remains before the House 
whenever the main question is resumed; and it 
might be that the occasion for other urgent busi- 
ness might go by, and be lost by length of bebate 
on the amendment, if the House had it not in their 
power to postpone the whole subject. 

Amendment and commitment. The question 
for committing, though last moved, shall be first 
put, because in truth it facilitates and befriends 
the motion to amend. Sjobeil is express— '*Oa 
a motion to amend a bill, any one may, notwith- 
standing, move to commit it, and the question for 
commitment shall be first put." — Scob. 46. 

We have hitherto considered the case of two or 
more of the privileged questions copending for 



PRIVILEGED QUESTIONS. 81 

privilege between themselves, when both were 
moved on the or ginal or main question; but now 
let us suppose one of them to he moved, not on the 
original pr.mary question, but on the secondary 
one, e. g. 

Suppose a motion to postpone, commit, or 
amend the main question, and that it be moved to 
suppress that motion by putting the previous ques- 
tion on it. This i3 not allowed; because it would 
embarrass questions too much to allow them to be 
piled ou one another several stories high; and the 
same result m »y be had in a more simple way, by 
deciding against the postponement, commitment, 
or amendment.— 2 Hats. 81, '2, '3, '4. 

Suppose a motion for the previous question, or 
commitment or amendment of the main question, 
and that it be then moved to postpone the motion 
for the previous ques ion, or for commitment or 
amendment of the main question: 1. It would 
be absurd to postpone the previous question, com 
mitment or amendment, alone, and thus separate 
the appendage from its principal; yet it must be 
postponed separately from its original, if at all: 
because the 8th Rule of the Senate says, that, 
when a main question is before the House, no 
motion shall be received but to commit, amen J, or 
pre-question the oiignal question; which is the 
Parliamentary doctrine: therefore, the motion to 
postpone the secondary motion for the prev.ous 
question, or for committing or amending, cannot 
be received: 2. This is a piling of questions one on 
another, which to avoid embarrassment, is not al- 
lowed: 3. The same result may be had more sin> 
6 



83 PRIVILEGED QUESTIONS. 

ply, by voting against the previous question, corn- 
ixutment or amendment, 

Suppose a commitment moved, of a motion for 
the previous question, or to postpone, or amend. 

The 1st, 2nd, and 3d reasons before stated, all 
hold good against ths. 

Suppose an amendment moved to a motion for 
a previous question ? Answer : The previous 
question cannot be amended. Pa iiamentary usage 
us well as the 9th rule of the Sena e. has fixtd its 
form to be, '-Shall the main quest on be now put?' ? 
i> e. at this instant. And, as the present is but 
one, it can admitof no modification. To change it 
to to-mmrow, or any other moment, is without ex- 
ample, and without utility. But suppose a motion 
to amend a motion for postponement, as to one 
day instead of auoiher, or to a sperial instead of 
indefinite time. The usud < har cter of amend- 
ment gives it a privilege of attaching itself to a 
secondary and privleged motion. That is, we 
may amend a po3 ponement of a main question. 
So we may amend a commitment o r a main ques- 
tion, as by a Id ng, for example, "with instruction 
i& enquire," &c. In ike manner, if an amend- 
ment be m^vtd to an aim ndmcnt, it is admitted. 
Bat it would not be admitted in another degree; to 
wit. to amend an amendment to ai amendment of 
a wain qntsiion* This would ie d to too much 
embarrassment. The line must be drawn some- 
where; and usage has drawn it after the amend- 
ment to th^ amendment. The same result must 
be sought by deciding against the amendment to 
4hc anient mint, and then moving it again as it 



PRIVILEGED QUESTIONS. 83 

was wished lo be amended. In this fvm it be- 
comes onlv an amendment to an amendment. 

[When motions are made for reference of the 
game subject to a select committee, and to a 
standing committee, the question on reference 
to a standing committee shall be first put. — Rule 
35.] 

In filling a blank with a sunt, the largest sum 
shall be first put to the question, by the 13th Rule 
of the Senate, contrary to the rule of Pailiamen?, 
which privileges the smallest sum and longest 
time.— 5 Grey, 179. 2 Hats. 8,83. 3 Hats. 132, 
133. And tnis is considered to be not in the 
form of an amendment to ihe question; but as al- 
ternative or successive originals. In ail cases of 
time or number, we must consider whether the 
larger comprehends the lesser, as in a question to 
what day a postponement shall be, the number of 
a committee, amount of a fine, term of an impri- 
sonment, term of inedeemabilily of a loan, or the 
terminus in quern in any other case. Then the 
question must be a maximo. Or whether the 
lesser includes the greater, as in question on the 
limitation of the rate of interest, on what day the 
session shall be closed by adjournment, on what 
day the next shall commence, when an act shall 
commence of the terminus a quo in any other 
case, where the question must begin a minima. 
The object not being to begin at the extreme, 
which, and more being within every man's wish, 
no one could negative it, and yet, if he should vote 
in the affirmative, every question for more would 
be precluded; but at that extreme which wouJ4 



84 PRIVILEGED QUESTIONS. 

unite few, and then to" advance or recede till you 
get to a number which will unite a bare majority. 
3 Grey, 376, 384, 185. "The fair question in 
this case is not that to which and more all will 
agree, whether there shall be addition to the ques- 
tion." 1 Grey, 365. 

Another exception to the rule of priority is, 
when a motion has been made to strike out or 
agree to a paragraph. Motions to amend it are 
to be put to the question, before a vote is taken 
on striking out, or agreeing to the whole para- 
graph. 

But there are several questions which, being 
Incidental to every one, will take place of every 
one, privileged or not; to wit: a question of order 
arising out of any other question, must be deci- 
ded before the question. 2 Hats. 88. 

A matter of privilege arising out of any ques- 
tion, or from a quarrel between two members, 
or any other cause, supersedes the consideration 
of the original question, and must be first dispos- 
ed of. 2 Hats. 88. 

Reading papers relative to the question before 
the House. This question must be put before the 
principal one. 2 Hats. 88. 

Leave asked to withdraw a motion. The rnle 
of Parliament being, that a motion made and se* 
conded is in possession of the House, and can- 
not be withdrawn without leave, the very tenn9 
of the rule imply that leave may be given, and 
consequently, may be asked and put to the ques- 
tion. 



THE PREVIOUS QUESTION. 85 

SECTION XXXLV. 

THE PREVIOUS QUESTION. 

When any question is before the House, any 
member may move a previous question, " Whether 
that question (called the main question) shall now 
be put?" If it pass in the affirmative, then the 
main question is to be put immediately, and no 
man may speak any thing further to it; either to 
add or alter.— Me-n. in Hakew. 28; 4 Grey, 27. 

[The previous questionbeing moved and second- 
ed, the question from the chair shall be, "Shall the 
main question be now put?" and if the nays prevail, 
the main question shall not then be put. — J?wZe9.[) 

This kind of question is understood by Mr. Hat- 
sell to have been introduced in 1634. 2 Hats. 80, 
Sir Henry Vane introduced it. 2 Grey, 113, 114. 
3 Grey, 381. When the question was put in this 
form, "Shall the main question be put?" A deter- 
mination in the negative suppressed the main 
question during the session; but since the words 
"now put" are used, they exclude it for the pres- 
ent only. Formerly, indeed, only till the present 
debate was over; 4 Grey, 43; but now for that day 
and no longer. 2 Grey, 113, 114. 

Before the question, "Whether the main ques- 
tion shall now be put?" any person might formerly 
have spoken to the main question; because other- 
wise he would have been precluded from speaking 
to it at all. — Mem. in Hikew. 28. 

The proper occasion for the previous question, 
is when a subject is brought forward of a delicate 



8€» THE PREVIOUS QUESTION. 

nature ag to high personages &c, or the discus- 
sions of which may call forth observations which 
might be of injurious consequences Then the 
previous question is proposed, and, in the modern 
usage, the discussion of the main question is sus- 
pended, and the debate confined to the previous 
question. The use of it has been extended abu- 
sively to other cases; but in these, it is an embar- 
rassing proceedure; its uses, would be as wel! an- 
swered by other more simple Parliamentary fcrms, 
and therefore it should not be favored, but restrict- 
ed within as narrow limits as possible. 

Whether a main question may be amended af- 
ter the previous question on it has been moved 
and seconded? 2 Hats ell, 58, says, If the pre- 
vious question has been moved and seconded, and 
also proposed from the chair, (by which he means, 
staled by the Speaker for debate,) it has been 
doubted whether an amendment can be admitted to 
the main question. He thinks it may, after the 
previous question moved and seconded; but not 
after it has been proposed from the chair. 

In this case he thinks that the friends of the 
amendment must vote that the main question be 
not now put;, and then move their amended ques- 
tion, which, being made new by the amendment, is 
no longer the same which has been just suppressed, 
and therefore may be proposed as a new one. But 
this proceeding certainly endangers the main 
question, by dividing its friends, some of whom 
may choose it unamended, rather than lose it al- 
together; while others of them may vote, as Hat- 
sell advises, that the main question be now put. 



THE PREVIOUS QUESTION 87 

with a view to move it again in an amended form. 
The enemies of the mam question, by this manoeu- 
vre to the previous question, get the enemies to- 
the amendment added to them on the first vote, and 
throw the friends of the main question under the 
embarrassment of rallying again as they can. To 
support his opinion, too, he makes the deciding 
circumstance, whether an amendment may or may 
not be made, to be, that the previous question has 
been proposed from the chair. But as the rule is, 
that the House is in possession of a question as 
soon as it is moved and seconded, it cannot be 
more than possessed of it by its beintj also proposed 
from the chair. It. may be said, indeed, that the 
object of the previous question being to get rid of 
a question, which it is not expedient should be dis- 
cussed, this object may be defeated by moving to 
amend, and, in the discussion of that motion, in- 
volving the subject of the main question. But so 
may the object of the previous question be defeat- 
ed by moving the amended question, as Mr. Hat^ 
sell proposes, after the decision against putting 
the original question. He acknowledges, too, that 
the practice has been to admit previous amend- 
ment, and only cites a few late instances to the 
contrary. On the whole, 1 should think it best to 
decide it ah inconveniently to wit: Which is most 
inconvenient to put it in the power of one side of 
the House to defeat a proposition by hastily mov- 
ing the previous question, and thus forcing the 
main question to be put unamended? or to put it 
in the power of the other side to force on, inci- 
dentally at least, a discussion which would be bet« 



§8 AMENDMENTS. 

ier avoided? Perhaps the last is the least incon- 
venience; inasmuch as the Speaker, by confining 
the discussion rigorously to the amendment only, 
may prevent their going into the main question; 
and inasmuch also as so great a proportion of the 
cases, in which the previous question is called for, 
are fair and proper subjects of public discussion, 
and ought not to be obstructed by a formality in- 
troduced for questions of a peculiar character. 



SECTION XXXV. 

AMENDMENTS. 

On an amendment being moved, a member who 
has spoken to the main question may speak again 
to the amendment. Scob. 23, 

If an amendment be proposed inconsistent with 
the one already agreed to, it is a fit ground for is 
rejection by the House; but not within the cempe- 
tence of the Speaker to suppress, as if it were 
against order. For, were he permitted to draw 
questions of consistence within the vortex of order, 
he might usurp a negative on important modifica- 
tions, and suppress, instead of subserving, the le- 
gislative will. 

Amendments may be made so as totally to al- 
ter the nature of the proposition; and it is a way 
of getting rid of a proposition, by making it bear a 
sense different from what was intended by the 
movers, so that they vote against it themselves. 
2 Hats. 79, 4; 62, 84: A new bill may be en- 



AMENDMENTS. 89 

grafted, by way of amendment, on the words, "Be 
it enacted," &c. 1 Grey, 190, 192. 

If it be proposed to amend by leaving out cer- 
tain words, it may be moved as an amendment to 
this amendment to leave out a part of the words of 
the amendment, which is eqoiva'ent to leaving 
them in the bill. 2 Hats. 80. 9. The Parlia- 
mentary question is always, Whether the words 
shall stand part of the bill? 

When it is proposed to amend by inserting a pa- 
ragraph, or a part of one, the fiends of the para- 
graph may make it as perfect as they can, by 
amendments, before the question is put for insert- 
ing it. If it be received, it cannot he amended af- 
terwards, in the same stage, because the House 
has, on a vote, agreed to it in that form. In like 
manner, if it is proposed to amend by striking out 
a paragraph, the fiends of a paragraph are first to 
nuke it as perfect as they can by amendments, be- 
fore the question is put for striking it out. If, on 
the question, it be retained, it cannot be amended 
afterwards, because a vote against striking out is 
equivalent to a vote agreeing to it in that form. 

When it is moved to amend, by striking out cer- 
tain words and inserting others, the manner of 
stating the question is, first to read the whole pas- 
sage to be amended, as it stands at present; then 
the words proposed lo be struck out, next those to 
be inserted; and, lastly, the whole passage, as it 
will be when amended. And the question, if de- 
sired, is then to be divided, and put first on strik- 
ing out. If carried, it is next on inserting the 



00 AMENDMENTS. 

words proposed. If that be lost, it may be moved 
lo insert others. 2 Hats. 80. 7. 

- A motion is made to amend by striking out cer" 
tain words, and inserting others in their place? 
which is negatived. Then it is moved to strike 
out the same word?, and to ingert others of a tenor 
entirely different from those first proposed. It is 
neoarived. . Then it is moved to strike out the same 
words and insert nothing, which is agreed to. All 
this is admissible; bee mse to strike out and insert 
A, is one proposition. To strike out. and insert B, 
is a d fferem proposition. And to strike out and in- 
sert nothing, is still different. And the rejection of 
one proposition dues not preclude the offering cf a 
different one. Nor would it change the case, were 
the first motion divided by putting the question, 
first on striking out, and that negatived. For, as 
putting the whole motion to the question at once, 
would not have precluded, the putting of the half 
of it, cannot do it* 

But, if it had been carried affirmatively lo strike 
out the words and to insert A, it could not after- 
wards be permitted to strike out A and insert B. 
The mover of B should have notified, while the in- 
sertion of A was under debate, that he would move 

*Tn the case of a division of the question, and a decision against 
striking out, T advance, douhtingly, the opinion here expressed. 

1 find no authority either way, nn<i I know it may be viewed un- 
der a different aspect. It may be thought that, having decided 
separately not to strike out the passage, the some question for 
striking out cannot be put over again, though with a view to a 
different insertion. Still f think it more reasonable and conve- 
nient to consider the striking out, and insertion, as forming one 
proposition; but should readily yield to any evidence that the 
contrary is the practice in Parliament. 



AMENDMENTS* &1 

to insert B. In which case, those who preferred it 
would join in rejecting A. 

After A is inserted, however, it may be moved 
to strike out a portion of the original paragraph, 
comprehending A, provided the coherence to be 
struck out be so substantial as to make this effect- 
ively a different pionosit Ion. For then it is re- 
solved into the common case of striking out a pa- 
ragraph afier amending it. Nor does any thing 
forbid a new insertion, instead of A and its cohe- 
rer ce. 

In Senate, January 25, 1798, a motion to post- 
pone until the second Tuesday in February, some 
amendments 10 the Consti'-ution: The woids "un- 
til the second Tui sd;.y in Febiuary,'' were struck 
out by way of amendment. Then it was moved 
to add, ''until ihe hist day of June." Objected, 
that it was not in order, as the question should 
first be put on the longest lime; therefore, a 
shorter time decided against, a longer cannot be 
put to question. It was answered that this rule 
takes place only in filling blanks for time. But 
when a spec fie time stands part of a motion, that 
may be struck out as well as any other part of the 
motion; and, when struck out, a motion may be 
received to insert any other. In fact, it is not till 
they are struck out, and a blank for the time there- 
by produced, that ihe rule can begin to operate, 
by receiving all the propositions for different 
times, and putting the question successively on 
the longest. Otherwise, if would be in the power 
of the mover, by inserting originally a short time, 
to preclude the possibility of a longer. For, till 



92 AMENDMENTS. 

the short time is struck out, you cannot insert a 
longer; and, if, after it is struck out, you cannot do 
it, then it cannot be dona at nil. Suppose the first 
motion had been to amend by striking out ,f the 
second Tuesday in Febru try," and inserting in- 
stead thereof, "the first of June." It would have 
been regular ihen to divide the question, by pro- 
posing first the question to strike out, and then 
that to insert. Now this is precisely the effect of 
the present proceeding; only instead of one motion 
&nd two questions, there are two motions and two 
questions, to effect it; the motion being divided as 
well as the question. 

When the matter contained in two bills might 
be better put into one, the manner is to reject the 
one, and incorporate its matter into another bill by 
way of amendment. So, if the matter of one bill 
would be better distributed into two; any part may 
be struck out by way of amendment, and put into 
a new bill. If a section is to be transposed, a 
question must be put on striking it out where it 
glands, and another for inserting it in the placs 
desired. 

A bill passed by the one House, with blanks. 
These may be filled up by the other, by way of 
amendments, returned to the first as such, and 
passed. — 3 Hats, S3. 

The number prefixed to the section of a bill be- 
ing merely a marginal indication, and no part of 
the text of the bill, the clerk regulates that; the 
House or committee is cnly to amend the text. 



DIVISION OF THE QUESTION 93 

SECTION XXXVI. 

DIVISION OF THE QUESTION. 

If a quest r on contain more parts lhan one, it 
may be divided into two or more questions — Mem. 
in Hakew. 29. But not as the right of an indivi- 
dual member, but with the consent of the House. 
For who is to decide whether a question is com- 
plicated or not? where it is complicated? into how 
many proposiiions it may be divided? The fact is, 
that the only mode of separating a complicated 
question, is by moving amendments to it; and these 
must be decided by the House on a question, un- 
less the House orders it to be divided; as on the 
question, Dec. 2, 1640, making void the election 
of the Knights for Worcester, on a motion it was 
resolved to make two questions of it to wit, one on 
each Knight. — 2 Hats. 65, 86. So, wherever 
there are several names in a question, they may be 
divided and put one by one. — 9 Grey, 444. So, 
1729, April 17, on an objection that a question 
was complicated; il was separated by amendment. 
2 Hats. 79. 5. 

[The soundneps of these observations will be evi- 
dent from the embarrassments produced by the 12ib 
rule of the Senate, which says, "If the question in 
debate contain several polms, any member may 
have the same divided :" but, on a motion to strike 
cut and insert, it shall not be in order to move for a 
division of the question; but the rejection of a mo- 
tion to strike out and insert one proposition shall 
not prevent a motion to strike out and insert a dif- 



04 DIVISION OF THE QUESTION, 

ferent proposition, nor prevent a subsequent mo- 
tion, simply o strike out; nor shall the rejection 
of a motion, simply to strike out, prevent a subse- 
quent motion 'o s rike out and insert.] 

1798, May 30, th e Alien Bill in quasi commit- 
tee. To a section and proviso in the original, had 
been added two new provisos by way of amend- 
ment. Ori motion to stike out the section as 
amended, the question was desired ro be divided. 
To do this, it must be put first on striking out 
either the former proviso, or some distinct member 
of the sector*. Bat wlien nothing remains but the 
last member of the section, and he provisos, they 
cannot be divided so as to pot the last member to 
question by itself; for the provisos might thus be 
left standing alone as exceptions to a rule when 
the rule is taken away; or the new provisos might 
be left to a second question, after hav ng been de- 
cided on once before at the same reading; which 
is contrary to rule But the question must be on 
striking out the last member of he section as 
amended. This sweeps away the exceptions with 
the rule, and relieves from inconsistence. A ques- 
tion to be divisible, must comp re! end points so 
distinct and entire, that one of iliem being taken 
away, the other may stand ent're. But a proviso 
or exception, wi:h an enact ng clause, does not 
con*a : n ari entire point or proposition* 

May 31. The same bill being before the Sen- 
ate. There was a proviso, that I he bill should not 
extend, 1. To any fore gn minister; nor, 2. To any 
person to whom the P es d nt should give a pass- 
fort; nor 3, To any alien merchant, conforming 



DIVISION OF THE QUESTION, 95 

himself (o such regulations as the President shall 
prescr.be; and division of the quesiion into its sim- 
plest elements was called fur. It was divided into 
four parts, t-.e 4th taking in the words, "conform- 
ing himse.f," &c. It vv s objeced, that the words 
"any a ien merchant" couid not be separated from 
their mod fyu g wo ds, "confcrming," &c; be- 
cause these words, if left by themselves, contain 
no substantive idea, will make no sense. But ad- 
mitting that the d.visions of a paragraph into sep- 
arate questions must be so made as that each part 
may stand by itself, yet «he House having, on tho 
question, retained ihe two first di vis ons, the words, 
"anyaien merchant,'' may be struck out, and 
their modifying wmds will then attach themselves 
to the preceding description of persons, and be- 
come a modificaion of that description. 

When a question is divided, after the question 
on the first member, the second is open to debate 
and amendment; because it is a known rule, that a 
person may rise and speak at any time before the 
question has been completely decided, by putting 
the negative, ns well as the affirmative side. But 
*the quesiion is not completely put when the vote 
ha3 been taken on the first member only. One 
half of the question, both affirmative and negative, 
still retmirH to be put. — See Executive Journal^ 
June 25, 1795. The same decision by President 
Adams. 



SECTION XXXVII. 

CO EXISTING QUESTIONS. 

It may le asked whether the House can be in 
p03ses4cm of two muttons or propositions at the 



96 EQUIVALENT QUESTIONS, 

same time? So that, one of them being decided, 
the other goes to queston without being moved 
anew? The answer must be special. When a 
question is interrupted by a vote of adjournment, 
it is thereby removed from the House; and does 
not stand ipso facto before them at their next meet- 
ing, but must come forward in the usual way: 
So, when it is interrupted by the order of the day. 
Such other privileged questions also as dispose of 
the main question (e. g. the previous question, 
postponement or commitment) removed it from be- 
fore the House. But it is only suspended by a mo- 
tion to amend, to withdraw, to read papers, or by 
a question of order or privilege, and stands again 
before the House when these are decided. None 
but the class of privileged questions shall be 
brought forward while there is another question 
before the House; the rule being, that when a mo- 
tion has been made and seconded, no other can be 
received except it be a privileged one. 



SECTION XXXVIII. 

EQUIVALENT QUESTIONS. 

If, on a question for rejection, a bill be retained, 
it passes of course to it^ next reading. — Hakew, 
141 — Scob. 42, and a question for a second read- 
ing determined negatively, is a rejection without 
further question. — 4 Grey, 149. And see Eh 
syngas Memor. 42, in wnat cases questions are to 
be taken for rejection. 



EQUIVALENT QUESTIONS. 8? 

Where questions are perfectly equivalent, so 
that the negative of the one amounts to the affir- 
mative of the other, and leaves no other alterna- 
tive, the decision of the one concludes necessarily 
the other. — 4 Grey, 157. Thus the negative of 
striking out, amounts to the affirmative of agree- 
ing; and therefore to put a question on agreeing 
after that on striking out, would be to put the same 
question in effect twice over. Not so in questions 
of amendments between the two Houses. A mo- 
tion to recede being negatived, does not amount to 
a positive vole to insist, because there is another 
alternative, to wit, to adhere. 

A bill originating in one House, is passed by 
the other with an amenement. A motion in the 
originating House, to agree to the amendment is 
negatived. Does there result from this a vote of 
disagreement? or must the question on disagree- 
ment be expressly voted? The questions respect- 
ing amendments from another House, are, 1st. To 
agree; 2nd, Disagree; 3d, Recede; 4th, Insist; 
5th, Adhere. 

1st. To agree. ) Either of these concludes 
2nd. To disagree. \ the other necessarily, for the 
positive of either is exactly the equiv- 
a'ent of the negative of the other, and 
no other alternative remains. On 
either motion, amendments to the 
amendment may be proposed; e. g. if 
it be moved to disagree, those who 
are for the amendment have a right 
to propose amendments, and to make 
7 



§8 THE QVESTZONo 

it as perfect as they can, before tfa«tf 
question of disagreeing is put. 

3d, To recede. You may then either insist or"^ 

adhere. | 

4tli, To insist You may then either recede or I 

adhere, f 

&ih„ To adhere. You may then either recede or j 

insist. J 
Consequently, the negative of these 
is not equivalent to a positive vote 
the other way. It does not raise so 
necessary an implication as may au- 
thorize the Secretary by inference, to 
enter another vote: for two alterna- 
tives still remain, either of which 
may be adopted by the House. 



section xxxix; 

THE QUESTION. 

The question is to be put first on the affirma- 
tive, and then on the negative side. 

After the Speaker has put the affirmative part 
of the question, any member who has not spoken 
before to the question, may rise and speak before 
the negative be put. Because it is no full ques- 
tion till the negative part be put. — Scob. 23 — 
Hats. 73. 

But in small matters, and which are of course, 
sucty *s receiving petitions, reports, withdrawing 



BILLS, THIRD READING. 90 

motions, reading papers <fec, the Speaker most 
commonly supposes the consent of the House ? 
where no objection is expressed, and does not 
give them the trouble of putting the question for- 
mally. 2 Grey, 120.— Grey, 30 !• 



SECTION XL. 

BILLS, THIRD READING. 

To prevent bills from being passed by surprise^ 
the House, by a standing order, directs that they 
ghall not be put on their passage before a fixed 
hour, naming one at which the House is common- 
ly fM.-Hakew. 153. 

[The usage of the Senate is not to put bills on 
their passage, till noon.] 

A bill reported and passed to the third readings 
cannot on that day be read the third time and pas- 
sed. Because this would be to pass on two read- 
ings on the same day. At the third reading, the 
clerk reads the bill and delivers it to the Speaker, 
who states the title, that it is the third time of 
reading the bill, and that the question will be whe- 
ther it shall pass? Formerly, the Speaker, or those 
who prepared a bill, prepared also a breviate or 
summary statement of its contents, which the 
Speaker read when he declared the state of the 
bill at the several readings. Sometimes, how- 
ever, he read the bill itself, especially on its pas- 
sage.— if afcw. 136, 137, 153.— CWk, 23, 115. 



100 BILLS, THIRD READING. 

Latterly, instead of this, he, at the third reading, 
states the whole contents of the bill, verbatim; 
only instead or reading the formal parts, "Be it 
enacted" &c, he states, that "the preamble re- 
cites so and so; the first section enacts, that, &c; 
the second section enacts,'' &c. 

[But, in the Senate of the United States, both 
of these formalities are dispensed with; thebrevi- 
ate presenting but an imperfect view of the bill, 
and being capable of being made to present a false 
one; and the full statement being an useless waste 
of time, immediately after a full reading by the 
clerk; and especially as every member has a print- 
ed copy in his hand.] 

A bill, on the third reading, is not to be com- 
mitted for the matter or body thereof; but, to re- 
ceive some particular clause or proviso, it hath 
been sometimes suffered, but as a thing very un- 
usual. — Hakew. 156; thus, 27 El. 1584, a bill was 
committed on the third reading, having been for- 
merly committed on the second ; but is declared not 
usual.— D'Ewes, 137, Col2. 414, Col 2. 

When an essential provision has been commit- 
ted, rather than erase the bill and render it suspi- 
cious, they add a clause on a separate paper, en- 
grossed and called a rider, which is read, and put 
to the question ihree times. — -Ehynge's Memori- 
als, 59—6 Grey, 335—1 BlachsL 183. For ex- 
amples of riders, see 3 Hats. 121, 122, 124, 126. 
Every one is at liberty to bring in a rider without 
asking leave. — 10 Grey, 52. 

It is laid down as a general rule, that amend- 
ments proposed at the second reading shall be 



BILLS, THIRD READING. 101 

twice read, and those proposed at the third read- 
ing thrice read; as also all amendments from the 
other House.— Town Col. 19, 23, 24, 25, 26, 27, 
28. 

It is with great and almost with invincible re- 
luctance, that amendments are admitted at this 
reading, which occasion erasures or interlineations. 
Sometimes the proviso has been cut off from a bill; 
sometimes erased. — 9 Grey, 513. 

This is the proper stage for filling up blanks; 
for, if filled up before, and now altered by erasure, 
it would be peculiarly unsafe. 

At this reading, the bill is debated afresh, and 
for the most part is more spoken to at this time, 
than on any of the former readiugs. — Hakew. 153. 

The debate on the question, whether it should 
be read a third time? has discovered to its friends 
and opponents the arguments on which each side 
relies, and which of these appear to have influ- 
•ence with the House; they have had time to meet 
them with new arguments, and to put their old 
ones into new shapes. The former vote has tried 
the strength of the first opinion, and furnished 
grounds to estimate the issue; and the question 
now offered for its passage, is the last occasion 
which is ever to be offered for carrying or reject- 
ing it. 

When the debate is ended, the Speaker, hold- 
ing the bill in his hand, puts the question for its 
passage, by saying, "Gentlemen, all you who are 
of opinion that this bill shall pass, say aye;" and 
after the answer of ayes, "All those of the contra- 
ry opinion, say no." — Hakew, 154, 



lOf DIVISION OF THE HOUSB. 

After the bill has passed, there can be no further 
alteration of it in any point. — Hakew. 159. 



SECTION XLI. 

DIVISION OF THE HOUSE. 

The affirmative and negative of the question, 
having been both put and answered, the Speaker 
declares whether the ayes or noes have it by the 
sound, if he be himself satisfied, and it stands as 
the judgment of the House. But if he be not 
himself satisfied which voice is the greater, or if 
before any other member comes into the House, 
or before any new motion is made, (for it is too 
late after that,) any member shall rise and declare 
himself dissatisfied with the Speaker's decision, 
then the Speaker is to divide the House. — Scob: 
24,-2 Hats. 140. 

When the House of Commons is divided, ihe 
one party goes forth, and the other remains in the 
House. This has made it important which go 
forth, and which remain; because the latter gain 
all the indolent, the indifferent, and inattentive. 
Their general rule, therefore, is, that those who 
give the vote for the preservation of the orders of 
the House, shall stay in, and those who are for in- 
troducing any new matter or alteration, or proceed- 
ing, contrary to the established course, are to go 
out. But this rule is subject to many exceptions 
and modifications, — 2 Bush. p. 3,fol. 92— Scob, 



DIVISION OP THE HOUSE. 103 

43,52— Co. 12, J 16— D'Ewes, 505, Col I— Mem 
in Hakew. 25, 29; as will appear by the following 
statement of who go forth. 
Petition that it be received* ) k 

Read, - - - A y eB « 

Lie on the table, - - j 
Rejected after refusal to lie > Noes* 

on the table, - - ) 

Referred to a committee, or ) . r 

farther proceeding, - \ ^ e8 ' 

Bills, that is to be brought in," 
Read 1st or 3d time, 
Engrossed or read 2nd time, 
Proceeding on every other { ^ 

stage, - - * | 

Committed, - * - J 

To a committee of the whole, Noes. 
To a Select committee, - Ayes, 
Report of bill to he on table, Noes. 

Be now read, " " ) Ayes. 
Be taken into consideration, > 50 P. J, 
three months hence, ) 251. 

Amendments be read a 2d time, Noes. 

Clause offered on report of SJ 

Bill be read 2nd time, 
For receiving a clause, - £>Ayes. r 

With amendments be en- I 334 

grossed, J 

That a bill be now read a 3d) Noes. 

time, - - ) 398, 

*No€Sj 9 Grey, 366* J 



104 



DIVISION OF THE HOUSE. 



Keceive a rider, - 

Pass, 
Be printed, 

Committees. That A take 
the chair, - 

To agree to the whole or 
any part of report, - 

That the House do now re- 
solve into a committee. 

Speaker. That he now leave 
the chair, after order to go 
into committee. 

That he issue warrant for a 
new visit. 

Member. That none be ab- 
sent without leave. 

Witness. That he be further 

examined, 
Previous questions 
Blanks. That they be filled 

with the largest sum. 
Amendments. That words 

stand part of. 
Lords. That their amend- 
ment be read a 2d time. 
Messenger received. 
Orders of the day to be now 

read, if before 2 o'clock. 
If after 2 o'clock. 
Adjournment till the next 

sitting day, if before 4 

o'clock. 
After 4 o'clock. 



260. 
Ayes 259. 



201 



*> Noes, 



Ayes 344 

Noes. 

Ayes. 



j 

( Ayes, 



Ayes. 
Noes. 
Ayes. 
Noes, 



DIVISION OF THE HOUSE. 105 



Over a sitting day (unless a ) . 

previous resolution.) ) * 

Over the 30lh of January, Noes, 

For sitting on Sunday, or ") 

any other day, not being I Ayes, 

a sitting day. - J 



The one party being gone forth, the Speaker 
names two tellers from the affirmative, and two 
from the negative side, who first count those sit- 
ting in the House, and report the number to the 
Speaker. Then they place themselves within the 
door, two on each side, and count those who went 
forth, as they come in, and report the number to 
the Speaker. — Menu in Hakew, 26. 

A mistake in the report of the tellers may be 
rectified after the report made. — 2 Hats. 145. 
Note. 

[But, in both Houses of Congresa, all these in- 
tricacies are avoided. The ayes first rise, and are 
counted, standing in their places, by the President 
or Speaker. Then they sit, and the noes rise, and 
are counted, in like manner. 

In senate, if they be equally divided, the Vice 
President announces his opinion, which decides. 

The Constitution, however, has directed that "the 
yeas and nays of the members of either House, 
on any question, shall, at the desire of one-fifth 
of those present, be entered on the journal." And 
again, that, in all cases of re-considering a bill,dis» 
approved by the President, and returned with his 
objections, "the votes of both Houses shall be de- 
termined by the yeas and nays, and the names of 



106 DIVISION OP THE HOUSE* 

the persons voting for and against the bill, shall be 
entered on the journals of each House respective- 
ly." 

By the 16th rule of the Senate, when the ayes 
and nays shall be called for by one-fifth of the 
members present, each member called upon, shall, 
unless for special reasons he be excused by the 
Senate, declare openly, and without debate, his 
assent or dissent to the question. In taking the 
yeas and nays, and upon the call of the House, the 
names of the members shall be taken alphabeti- 
cally. 

When the yeas and nays shall be taken upon, 
any question, in pursuance of the above rule, no 
member shall be permitted, under any circumstan- 
ces whatever, to vote after the decision is announ- 
ced from the Chair. 

When it is proposed to take the vote by yeas and 
nays, the President or Speaker states, that "the 
question is, whether, e. g. the bill shall pass? That 
it is proposed that the yeas and nays shall be en- 
tered on the journal. Those, therefore, who de- 
sire it, will rise." If he finds and declares that 
one-fifth have risen, he then states that "those who 
are of opinion that the bill shall pass, are to an- 
swer in the affirmative; those of the contrary opin- 
ion, in the negative." The clerk then calls over 
the names alphabetically, notes the yea or nay of 
each, and gives the list to the President or Speaker, 
who declares the result. In Senate, if there be 
an equal division, the Secretary calls on the Vice 
President, and notes his affirmative or negative, 
which becomes the decision of the House.] 



DIVISION OF THE HOUSE. 107 

In the House of Commons, every member must 
ive his vote the one way or 'he Other. — Scob.24:, 
\s it is not permitted to any one to withdraw who 
sin the House when the question is put, nor is any 
one 10 be told in the division who was not in when 
the question was put.— 2 Hats. 140. 

This last position is always true when the vot 
is by yeas and nays; where the negative as well 
as the affirmative of the question is stated by the 
President at the same time, and the vote of both 
sides begins and proceeds pari jjassv. It is true, 
also, when the question is put in the usual way, if 
the negative has also been put. But, if it has not 
the member entering or any other member may 
speak, and even propose amendments, by which 
the debate may be opened again, and the question 
greatly deferred. And, as some who have answer- 
ed aye, may have been changed by the new argu- 
ments, the affirmative must be put over again. If, 
then, the member entering may, by speaking a few 
words, occasion a repetition cf the question, it 
would be useless to deny it on his simple call for 
it. 

While the House is telling, no member may 
speak, or move out of his place; for, if any mistake 
be suspected, it must Le told again. — Mem. in 
Hakew. 26—2 Hats. 143. 

If any difficulty arises in point of order, during 
the division, the Speaker is to decide peremptori- 
ly, subject to the future censure of the House, if 
irregular. He sometimes permits old experienced 
members to assist him with their advice, which they 
do sitting in their seats, covered to avoid the ap- 



108 TITLE. 

pearance of debate; but this can only be with the 
Speaker's leave, else the division might last seve- 
ral hours. — 2 Hats. 143. 

The voice of the majority decides. For the lex 
majoris partis, is the law of all councils, elections, 
&c, where not otherwise expressly provided. — 
Hakew. 93. But, if the House be equally divi- 
ded, "semper presumatur pro negante:" that is, 
the former law is not to be changed but by a ma- 
jority. — Towns. Col. 134. 

[But, in the Senate of the United States, the 
Vice President decides, when the House is divided. 
Const. U. S. Art. I. Sec. II] 

When, from counting the House, on a division, 
it appaars that there is not a quorum, the matter 
continues exactly in the state in which it wa3 be- 
fore the division, and must be resumed at that point 
on any future day — 2 Hats. 126. 

1608, May 1, on a question, whether a member, 
having said Yea, may afterwards sit and change his 
opinion? A precedent was remembered by the 
Speaker, of Mr. Morris, attorney of the wards, in 
39 Eliz., who in like case changed his opinion. — 
Mem. in Hakew. 27. 



SECTION XLII. 

TITLE. 



After the bill has passed, and not before, the ti- 
tle may be amended, and is to be fixed by a ques- 
tion; and the bill is then sent to the olher House. 



^•CONSIDERATION. 1 09 

SECTION XLIII. 

RE-CONSIDERATION, 

[When a question has been once made and car- 
ried in the affirmative or negative, it shall be in or- 
der for any member of the majority to move for the 
re-consideration thereof; but no motion for the re- 
consideration of any vote shall be in order after a 
bill, resolution, message, report, amendment, or 
motion, upon which the vote was taken, shall have 
gone out of the possession of the Senate, announ- 
cing their decision; nor shall any motion for re-con- 
sideration be in order, unless made on the same 
day on which the vote was taken, or within the 
two next days of actual session of the Senate 
thereafter.— Rule 20. 

1798, Jan. A bill, en its second reading, being 
amended, and on the question, whether it shall be 
read a third time, negatived, was restored by a de- 
cision to reconsider that question. Here the votes 
of negative and re-consideration, like positive and 
negative quantities in equatiorf, destroy one ano- 
ther, and are as if they were expunged from the 
journals. Consequently the bill is open for amend- 
ment, just so far as it was the moment preceding 
the question for the third reading. That is to say, 
all parts of the bill are open for amendment, ex- 
cept those on which votes have been already ta- 
ken in its present stage. So also may it be re-com- 
mitted. 

The rule permitting a re-consideration of a ques- 
tion affixing to it no limitation of time or circum- 



110 RE-CONSIDERATION. 

stance, it may be asked whether there is no limi* 
tation? If, after the vote, the paper on which it is 
passed has been parted with, there can be no re- 
consideration: as if a vote ha3 been for (he passage 
of a bill, and the bill has been sent to the other 
House. But where the paper remains, as on a bill 
rejected, when, or under what circumstances, does 
it cease to be susceptible of re-consideration? This 
remains to be -settled, unless a sense that the right 
of re-consideration is a tight to waste the time of 
the House in repeated agitations of the same ques- 
tion, so that it shall never know when a question is 
done with, should induce them to reform this ano- 
malous proceeding.*] 

In Parliament, a question once carried, cannot 
be questioned again at the same session; but must 
stand as the judgment of the House. — Towns* 
Col. 67— -Mem. in Hakew. 33. And a bill once 
rejected, another of the same substance cannot be 
brought in again the same session.—- Hakew. 158— 
6 Grey, 392. But this does not extend to prevent 
putting the same questions in 'different stages of a 
bill; because every stage of a bill submits the whole 
and every part of it to the opinion of the House, 
as open for amendment, either by insertion or omis- 
sion, though the same omission has been accepted 
or rejected in a former stage. So in reports of com- 
mittees, e.g. report of an address, the same ques 
tion is before the House, and open for free dis- 
(vassion. —Towns. Col. 26—2 Hats. 98, 100, 101. 
So orders of the House, or instructions to commit* 

* This part of the rule has been added since the Manual ww first 
published.— See Rnle 20. 



HE-CONSIDERATION. Ill 

tees, may be discharged. So a bill begun in one 
House, sent to the other, and there rejected, m&y 
be renewed again in that other, passed, and sent 
back. lb. 92—3 Hats. 161. Or, if, instead ofbe- 
ing rejected, they read it once, and lay it aside, 
and put it off a month, they may order in another 
to the same effect, with the same or a different ti- 
tle.— Hakew. 97, 98. 

Divers expedients are used to correct the effects 
of this rule; as, by passing an explanatory act, if 
any thing has been omitted or ill expressed, 3 Hats. 
278: or an act to enforce and make more effectual 
an act, <fcc, or to rectify mistakes in an act, &c, or 
a committee on one bill m ty be instructed to re- 
ceive a clause to rectify the mistakes of another. 
Thus, June 24, 16_5, a clause was inserted in a 
bill for rectifying a mistaka committed by a clerk 
in engrossing a bill of reply.— *% Hats. 194, '6. Or 
the session may be closed for one, two, three, or 
more days, and a new one commenced. But then 
all matters depending must be finished, or they fall 
and are to begin de novo. — 2 Hats. 94, 98, Or a 
part of the subject may be taken up by anothe.r bill, 
or taken up in a different way. — 6 Grey, 304,316. 

And, in cases of the last magnitude, this rule 
has been so strictly and verbally observed as to 
stopindispensibie proceedings altogether.— 2 Hats. 
92, 98. Thus, when the address on the prelimin- 
aries of peace, in 1782, had been lost by a major- 
ity of one; on account of the importance of the 
question, and smallness of the majority, the same 
question in substance, though with words not in 
the first, and which might change the opinion of 



112 BILLS SENT TO THE OTHER HOUSE 

some members, was brought on again and carried; 
as the motives for it were thought to outweigh the 
objection of form. — 2 Hats* 99, 100. 

A second bill may be passed, to continue an act 
of the same session; or to enlarge the time limited 
for its execution.— 2 Hats. 95, 98. This is not m 
contradiction to the first act. 



SECTION XLIV. 

BILLS SENT TO THE OTHER HOUSE. 

[All bills passed in Senate shall, before they are 
sent to the House of Representatives, be examined 
by a committee, consisting of three members, 
whose duty it shall be to examine all bills, amend- 
ments, resolutions or motions, before they go out 
of the possession of the Senate, and to make report 
that they are correctly engrossed; which report 
shall be entered on the Journal. — Ride 33.] 

A bill from the other House is sometimes order- 
ed to lie on the table. — 2 Hats, 97. 

When bills, passed in one House and sent to 
the other, are grounded on special facts, requiring 
proof, it is usual, either by message or at a con- 
ference, to ask the grounds and evidence; and this 
evidence, whether arising out of papers or from the 
examination of witnesses, is immediately commu- 
nicated.— 3 Hats. 48, 



AMENDMENTS BETWEEN THE HOUSES. 113 

SECTION XLV. 

AMENDMENTS BETWEEN THE HOUSES. 

When either House, e. g. the House of Com- 
mons, sends a bill to the other, the other may pass 
it with amendments. The regular progression in 
this case is, that the Commons disagree to the 
amendment; the Lords insist on it; the Commons 
insist on their disagreement; the Lords adhere to 
their amendment, the Commons adhere to their 
disagreement. The term of insisting may be re- 
peated as often as they choose to keep the ques- 
tion open. But the first adherence by either, ren- 
ders it necessary for the other side to recede or ad- 
here also; when the matter is usually suffered to 
fill. — 10 Grey, 148. Latterly, however, there are 
instances of their having gone to a second adher- 
ence. There must be an absolute conclusion of 
the subject somewhere, or otherwise transactions 
between the Houses would be endless. — 3 Hats. 
268, 270. The term of insisting, we are told by 
Sir John Trevor, was then [1679] newly introduced 
into Parliamentary usage, by the Lords — 7 Grey, 
94.— It was certainly a happy innovation, as it mul- 
tiplies the opportunities of trying modifications 
which may bring the Houses to a concurrence. 
Either House, however, is free to pass over the 
term of insisting, and to adhere in the first in- 
stance. — 10 Grey, 146. But it is not respectful to 
the other. In the ordinary Parliamentary course, 
there are two free conferences at least before ad- 
herence. — 10 Grey, 147. 
8 



114 AMENDMENTS BETWEEN THE HOUSES. 

Either House may recede from its amendment, 
and agree to the bill; or recede from the disagree- 
ment to the amendment, and agree to the same ab- 
solutely, or with an amendment. For here the 
disagreement and receding destroy one another, 
and the subject stands as before the disagreement. 
JSlsynge, 23. 27—9 Grey, 478. 

But the House cannot recede from, or insist on, 
its own amendment with an amendment, for the 
same reason that it cannot send to the other House 
an amendment to its own act after it has passed 
the act. They may modify an amendment from 
the other House by engrafting an amendment on it; 
because they have never assented to it; but they 
cannot amend their own amendment, because they 
have, on the question, passed it in that form. — 9 
Grey, 353—10 Grey, 240. In Senate, March 
29, 1793. Nor where one House has adhered to 
their amendment, and the other agrees with an 
amendment, can the first House depart from the 
form which they have fixed by an adherence. 

In the case of a money bill, the Lords proposed 
amendments, become, by delay, confessedly neces- 
sary. The Commons, however, refused them, as 
infringing on their privilege as to money bills, but 
they offered themselves to add to the bill a pro- 
viso to the same effect, which had no coherence 
with the Lords' amendments, and urged that it 
was an expedient warranted by precedent, and not 
unparliamentary in a case become impracticable, 
and irremediable in any other way. — 3 Hats. 256. 
256. 270. 271 . But the Lords refused and the bill 
was lost — 1 Chand, 388. A like case; 1 Ckand, 



CONFERENCES. 115 

311. So the Commons resolve that it is unparlia- 
mentary to strike out at a conference any thing in 
a bill which has been agreed and passed by both 
Houses— 6 #77>i/, 274—1 Chand. 312. 

A motion to amend an amendment from the 
other House, takes precedence of a motion to agree 
or disagree. 

A bill originating in one House, is passed by 
the other with an. amendment. 

The originating House agrees to their amend- 
ment with an amendment, the other may agree to 
their amendment with an amendment; that being 
only in the 2d and not in the 3d degree. For, as to 
the amending House, the first amendment with 
which they pass the bill is a part of the text; it is the 
only text they have agreed to. The amendment 
to that text by the originating House, therefore, is 
only in the first degree, and the amendment to that 
again by the amending House is only in the second, 
to wit, an amendment to an amendment, and so 
admissible. Just so when, on a bill from the ori- 
ginating House, the other, at its second reading, 
makes an amendment; on the third reading, this 
amendment is become the text of the bill, and if 
an amendment to it be moved, an amendment to 
that amendment may also be moved, as being only 
in the second degree. 



SECTION XLVI. 

CONFERENCES, 

It is on the occasion of amendments between (he 
Hcuses that conferences arq usually asked; but 



lift - CONFERENCES. 

they may be asked in all cases of differenceof opi- 
nion between the two Houses on matters depend- 
ing between them* The request of a conference 7 
however, must always be by the House which is 
possessed of the papers. — 3 Hats. 71 — I Grey, 
425. 

Conferences may be either simple or free. At a 
conference simply, written reasons are prepared 
by the House asking it, and they are read and de- 
livered without debate, to the managers of the 
other House at the conference^ but are not then 
to be answered. — 3 Grey, 144. The other House 
then, if satisfied, vote the reasons satisfactory, or 
say nothing; if not satisfied, they resolve them not 
satisfactory, and ask a conference on the subject of 
the last conference, where they read and deliver in 
like manner written answers to those reasons. — 
3 Grey ) 183* They are meant chiefly to record 
the justification of each House to the nation at 
large and to posterity, and in proof that the mis- 
carriage of a necessary measure is not imputable 
to them, — 3 Grey, 255. At free conferences, the 
managers discuss viva voce and freely, and inter- 
change propositions for such modifications as may 
be made in a Parliamentary way, and may bring 
rhe sense of the two Houses together. And each 
party reports in writing to their respective Houses* 
the substance of what is said on both sides, and it 
is entered in their journals. — 8 Grey, 220. — 3 
Hats. 289. (Vide Joint Rules 1.) This report 
cannot be amended or altered as that of a commit- 
tee may be. — Journal Senate, May 24, 1798. 

A conference may be asked before the House 



CONFERENCES. I IK 

asking it has come to a resolution of disagreement, 
insisting or adhering. — 3 Hats. 269. 341. In which 
case the papers are not left with the other con* 
ferees, but are brought back to be the foundation of 
the vote to be given. And this is the most reason- 
able and respectful proceeding. For, as was urged 
by the Lords on a particular occasion, "it is held 
vain, and below the wisdom of Parliament, to rea- 
son or argue against fixed resolutions, and upon 
terms of impossibility to persuade." — 3 Hats. 226* 
So the commons say, "an adherence is never de- 
livered at a free conference, which implies debate." 
10 Grey, 147. And, on another occasion, the 
Lords made it an objection that the commons had 
asked a free conference after they had mad« reso- 
lutions of adhering. It was then affirmed, how- 
ever, on the part of the commons, that nothing was 
more Parliamentary than to proceed with free con- 
ferences after adhering; 3 Hats. 269^ and we do in 
fact see instances of conference or of free confer- 
€nce, asked after the resolution of disagreeing. — 3 
Hats. 251, 253. 260. 286. 291. 316. 349. of insist- 
ing, ib. 280. 296. 299. 310. 322. 355. of adhering, 
269,270,383,300, and even of a second or final 
adherence. — 3 Hatsell, 270. And,, in all cases 
of conference, asked after a vote of disagreement 
&c, the conferees of the House asking it are to 
leave the papers with the conferees of the o^n 
and in one case where they r»ft*&ed to receive 
them, they were left on the table in the conference 
chamber.— 3 Hats. W, 91% 398, 354.-10 Grey, 

After a free conference, the usage is to proceed 



118 CONFERENCES. 

with free conferences, and not to return again to a 
conference.— 3 Hats 270—9 Grey, 229. 

After a conference denied, a free conference may 
be asked. — 1 Grey, 45. 

When a conference is asked, the subject, if it 
must be expressed, or the conference not agreed 
to.— Ord.H. Com. 89— 1 Grey, 425—1 Grey, 31. 
They are sometimes asked to enquire concerning an 
offence or default of a member of the other House. -6 
Grey, 181 — 1 Chand. 304; or the failure of the 
other House to present to the king a bill passed by 
both Houses — 8 Grey, 202; or on information re- 
ceived, and relating to the safety of the nation — 
10 Grey, 171; or when the methods of Parliament 
are thought by the one House to have been departed 
from bv the other, a conference is asked to come 
to a right understanding thereon. — 10 Grey, J 48, 
So, when an unparliamentary message has been 
sent, instead of answering it, they ask a confer- 
ence. — 3 Grey, 155. Formerly, an address or ar- 
ticles of impeachment, or a bill with amendments, 
or a vote of the House, or concurrence in a vote, or 
a message from the King, were sometimes commu- 
nicated by way of conference. — 7 Grey, 128, 300. 
387—7 Grey, 80—8 Grey,2l0, 255—1 Torbuck's 
Deh. 278—10 Grey, 293—1 Chandler, 49, 287. 
But this is not modern practice. — 8 Grey, 255. 

A conference has been asked, after the first read- 
ing of a bill.— 1 Grey, 194, This is a singular 
instance. 



MESSAGES, 119 

SECTION XL VII. 

ME3SAGES* 

Messages between the two Houses ar$ to be sent 
only while both Houses are sitting. — 3 Hats. 15. 
They are received during a debate, without ad- 
journing the debate — 3 Hats. 22. 

[In Senate, the messengers are introduced in any 
state of business, except— 1 . While a question 
is putting. — 2. While the yeas and nays are call- 
ing— 3. While the ballots are calling. The first 
case is short; the second and third are cases where 
any interruption might occasion errors difficult to 
be corrected. — Rule 48.] 

h\ the House of Representatives, as in Parlia- 
ment, if the House be in a committee when a 
messenger attends, the Speaker takes the chair to 
receive the message, and then quits it to return 
into a committee, without any question or inter- 
ruption.— 4 Grey, 226. 

Messengers are not saluted by the members, 
but by the Speaker, for the House. — 2 Grey, 253, 
274. 

If messengers commit an error in delivering 
their message, they may be admitted or called in, 
to correct their message. — 4 Grey, 41. Accord- 
ingly, March 13, 1800, the Senate having made 
two amendments to a bill from the House of Rep- 
resentatives, their Secretary, by mistake, delivered 
one only; which being inadmissible by itself, that 
House disagreed, and notified the Senate of 
their d : sagreemen*. This produced a discovery of 



120 MESSAGES, 

the mistake. The Secretary was sent to the other 
House to correct his mistake, the correction was 
received, and the two amendments acted on, de 
novo. 

As soon as the messenger, who has brought 
bills from the other House, has retired, the Speak- 
er holds the bill in his hand, and acquaints the 
House, "that the other House have, by their mes- 
senger, sent certain bills," and then readstheir ti- 
tles, and delivers them to the clerk to be safely 
kept, till they shall be called for to be read. — 
Hakew. 178. 

It is not the usage of one House to inform the 
other by what numbers a bill has passed. — 10 
Grey, 150 . Yet they have sometimes recommend- 
ed a bill as of great importance to the considera- 
tion of the House to which it is sent. — 3 Hats. 25. 
Nor when they have rejected a bill from the other 
House, do they give notice of it, but it passes sub- 
silentio, to prevent unbecoming altercation?.— 1 
Black, l^. 

[[But in Congress, the rejection is notified by 
message to the House in which the bill originat- 
ed, — Joint Rules 12.] 

A question is never asked by the one House, of 
the other, by way of message, but only at a con- 
ference; for this is an interrogatory, not a mes- 
sage.— 3 Grey, 151, 481. 

When a bill is sent by one House to the other, 
and is neglected, they may send a message to re- 
mind them of it.— 3 Hats. 25—5 Grey, 154. But 
if it be mere inattention, it is better to have it done 
informally, by communications between the Speak- 
ers, or members of the two Houses. 



ASSENT. 121 

Where the subject of a message is of a nature 
that it can properly be communicated to both 
Houses of Parliament, it is expected that this com- 
munication should be made to both on the same 
day. But where a message was accompanied with 
an original declaration, signed by the party to which 
the message referred, its being sent to one House? 
was not noticed by the other, because the declara- 
tion, being original, could not possibly be sent to 
both Houses at the same time. — 2 Hats. 260, 261, 
262. 

The King having sent original letters to the. 
Commons, afterwards desires they may be return- 
ed, that he may communicate them to the Lords. — 
2 Chandler, 303. 



SECTION XLVIIL 

ASSENT. 

The House which has received a bill, and pass- 
ed it, may present it for the King's assent, and 
ought to do it, though they have not by message 
notified to the other their passage of it. Yet the 
notifying by message is a form which ought to be 
observed between the two Houses, from motives of 
respect and good understanding, — 2 Hats. 242. 
Were the bill to be withheld rrom wi-g, -presen- 
ted to the King, it would be an infringement of 
the rules of Parliament. — 2 Hats. 242. 

When a bill has passed both Houses of Con- 
gress, the House last acting on it notifies its pass- 
age to the other, and delivers the bill to the joint 



122 ASSENT. 

committee of enrollment, who see that it is truly 
enrolled in parchment. — [Vide Joint Rules 6.) 
When the bill is enrolled, it is not to be written in 
paragraphs, but solidly and all of a piece, that the 
blanks within the paragraphs may not give room 
for forgery.— ~9 Grey, 143. It is then put in the 
hands of the Ulerk of the House of Representa- 
tives, to have it signed by the Speaker. The clerk 
then brings it by way of message to the Senate, to 
be signed by their President, The Secretary of 
the Senate returns it to the committee of enroll- 
ment, who present it to the President of the Uni- 
ted States. {Vide Joint Rules 8, 9.) If he ap- 
proves, he signs and deposites it among the rolls in 
the office of the Secretary of State, and notifies by 
message the House in which it originated, that he 
has approved and signed it; of which that House 
informs the other by message. If the President 
disapproves, he is to return it, with his objections, 
to the House in which it shall have originated; 
who are to enter the objections at large on their 
journal, and proceed to reconsider it. If, after 
such re-consideration, two-thirds of the House 
shall agree to pass the bill, it shall be sent, togeth- 
er with tne President's objections, to the other 
House, by which it shall likewise be reconsidered; 
and, if approved by two-thirds of that House, it 
shall become *» J «^» tz any bill shall not be re- 
mrned by the President within ten days (Sundays 
excepted,) after it shall have been presented to 
him, the same shall be a law, in like manner as if 
he had signed it, unless the Congress, by their 
adjournment, prevent its return; in which case it 
shall not be a law — Const. U. S. Art. 1. Sec. 7 f 



JOURNALS. 123 

Every order, resolution, or vole, to which the 
concurrence of the Senate and House of Repre- 
sentatives may be necessary, (except on a question 
of adjournment,) shall be presented to the Presi- 
dent of the United States, and, before the same 
shall lake effect, shall be approved by him, or, be- 
ing disapproved by him, shall be re-passed by two- 
thirds of the Senate and House of Representa- 
tives, according to the rules and limitations pre- 
scribed in the case of a bill. — Const. U. S., Art, 
1, Sec. 7. 

SECTION XLIX. 

JOURNALS. 

[Each House shall keep a journal of its pro- 
ceedings, and from time to time publish the same, 
excepting such parts as may, in their judgment, 
require secrecy. — Const 1. 5, 3. 

The proceedings of the Senate, when not act- 
ing as in a committee of the House, shall be en- 
tered on the journals, as consisely as possible, 
care being taken to detail a true account of the 
proceedings. Every vote of the Senate shall be 
entered on the journals, and a brief statement of 
the contents of each petition, memorial, or paper 
presented to the Senate, be also inserted on the 
journals. — Rule 32. 

The titles of bills, and such parts jheieof ^jnlfl 
as shall be ar^ 

If a question is interrupted by a vote to adjourn, 
or to proceed to the orders of the day, the origin- 



124 JOURNALS. 

al question is never printed in the journal, it never 
having been a vote, nor introductory to any vote; 
but, when suppressed by the previous question, 
the first question must be stated, in order to in- 
troduce and make intelligible the second.— 2 Hats. 
83. 

So also, when a question is postponed, adjourn- 
ed, or laid on the table, the original question, 
though not yet a vote, must be expressed in the 
journals; because it makes part of the vote of post- 
ponement, adjourning, or laying on the table. 

Where amendments are made to a question, 
those amendments are not printed in the journals, 
separated from the question; but only the question 
as finally agreed to by the House. The rule of 
entering in the journals only what the House has 
agreed to, is founded in great prudence and good 
sense; and there msy be many questions propos- 
ed which it may be improper to publish to the 
world, in the form in which they are made. — 2 
Hats, 85. 

£In both Houses of Congress, all questions 
whereon the yeas and nays are desired by one- 
fifth of the members present, whether decided af- 
firmatively or negatively, must be entered in the 
journals. — Const. /. 5, 3.] 

The first order for printing the votes of the 
House of Commons, was October 30, 1685. — 1 
Chandler, 387. 

journals of 'the HoSse ^ that * e 

but remembrances. But this is not law. — Cob. 1 10, 
111— Lex Pari 114, 115— Jour. H, C. March 



ADJOURNMENT, 125 

17,1592— Hale. Pari. 105. For the Lords, in 
their House, have power of Judicature; the Com- 
mons, in their House, have power of judicature; 
and both Houses together have power of judica- 
ture; and the book of the clerk of the House of 
Commons is a record, as is affirmed by act of Par- 
liament— 6 H. 8, c. 16 — Inst. 23, 24; and every 
member of the House of Commons has a judicial 
place. — 4 Inst. 15. As records, they are open to 
every person; and a printed vote of either House 
is sufficient ground for the other to notice it. Ei- 
ther may appoint a committee to inspect the jour- 
nals of the other, and report what has been done 
by the other, in any particular case. — 2 Hats. 2QI 
— 3 Hats. 27, 30. Every member has a right 
to see the journals, and to take and publish vote3 
from them. Being a record, every one may see 
and publish them — 6 Grey, 118, 119. 

On information of a mis-entry or omission of arc 
entry in the journal, a committee may be appoint- 
ed to examine and rectify it, and report it to the 
House.— 2 Hats. 194,- , 5. 



SECTION L. 

ADJOURNMENT. 

The two Houses &f Parliament have the sole? 
separate, and independent power of adjourning 
each their respective Houses. The king has no 
authority to adjourn them; he can only signify his 
desire, and it is in the wisdom and prudence of 
either House, to comply with his requisition, or 
not, as they see fitting. — 2 Hats. 332—1 Blacks 
ISO.— 5 Grey, 122. 



126 A SESSION. 

[By the Constitution of the United States, a 
smaller number than a majority may adjourn from 
day to day. — /. 5. But neither House during the 
session of Congress, shall, without the consent of 
the other, adjourn for more than three days, nor to 
any other place than that in which the two Houses 
shall be sitting. — 1.5. The President may, on 
extraordinary occasions, convene both Houses, or 
either of them; and, in case of disagreement be- 
tween them, with respect to the time of adjourn- 
ment, he may adjourn them to such time as he 
shall think proper. — Const. II. 3.] 

A motion to adjourn simply, cannot be amend- 
ded as by adding, "To a particular day." But 
must be put simply, "That this House do now ad- 
journ?" and if carried in the affirmative, it is ad- 
journed to the next sitting day, unless it has come 
to a previous resolution, "That, at its rising, it will 
adjourn to a particular day, v and then the House 
adjourned to that day. — 2 Hats. 82. 

Where it is convenient that the business of the 
House be suspended for a short time, as for a con- 
ference presently to be held, &c; it adjourns dur- 
ing pleasure. — 2 Hats. 305. Or for a quarter of 
an hour.— 5 Grey, 331. 

If a question be put for adjournment, it is no ad- 
journment till the Speaker pronounces it. — 5 Grey, 
137. And, from courtesy and respect, no mem- 
ber leaves his place till the Speaker has passed on. 

SECTION LI. 

A SESSION. 

Parliament have three modes of separation, to 
wit, by adjournment, by prorogation, or dissolu- 



A SESSION. 127 

tion by the King, or by the efflux of the term for 
which they were elected. Prorogation or disso- 
lution constitutes there what is called a session; 
provided some act has passed. In this case, all 
matters depending before them are discontinued, 
and at their next meeting are to be taken up de 
novo, if taken up at all. — 1 Blackst. 186. Ad- 
journment, which is by themselves, is no more 
than a continuance at the session from one day to 
another, or for a fortnight, a month, &c. ad libi- 
tum. All ma Iters depending rema : n in statu quo, 
and when they meet again, be the term ever so 
distant, are resumed wiihout any fresh commence- 
ment, at the point at which they were left. — 1 
Lev. \§Z—Lex Pari c. 2—1 Bo. Rep. 29—4 
Inst. 7, 27, 28— Hutt. 61—1 Mod. l$2—Rvffh. 
Jac*s. L. Die. Parliaments— Blackst. 186. Their 
whole session is considered in law but as one day, 
and has relation to the first day thereof— Bra. 
Mr. Parliament, 86. 

Committees may be appointed to sit during a 
recess by adjournment, bin not by prorogation. — 
5 Grey', 374—9 Grey, 350—1 Chandler, 50. 
Neither House can continue any portion of itself 
in any parliamentary function, beyond the end cf 
the session, wi hout the consent of the other two 
branches. When done, it is by a bill constituting 
them commissioners for the particular purpose. 

[Congress separate in two ways only, to wit, by 
adjournment, or dissolution by the efflux of their 
time. What then constitutes a session with them? 
A dissolution certainly closes one Ecssiou, and the 
meeting cf the new Congress begins another. The 



128 A SESSION. 

Constitution authorizes the President, "On extra- 
ordinary occasions, to convene both Houses, or 
either of them." — Art. I. Sec. 3. If convened by 
the Presidents proclamation, this must begin a 
new session, and of course determine the preced- 
ing one to have bsen a session. So, if it meets 
under the clause of the Constitution which says, 
"The Congress shall assemble, at least, once in 
every year, and such meeting shall be on the first 
Monday in December, unless they shall by law ap- 
point a different day," — I. 4 — This must begin a 
new session. For even if the last adjournment 
was to this day, the act of adjournment is meiged 
in the higher authority of the Constitution, and 
the meeting will be under that, and not under 
their adjournment. So far we have fixed land- 
marks for determining sessions. In other cases 
it is declared by the joint vote authorizing the Pre- 
sident of the Senate, and the Speaker, to close 
the session on a fixed day, which is usually in the 
following form: " Resolved, by the Senate and 
House of Representatives, that the President of 
the Senate and the Speaker of the House of Repre- 
sentatives be authorized to close the present ses- 
sion, by adjourning their respective Houses on the 

day of ."] 

When it was said above that all matters depend- 
ing before Parliament were discontinued by the 
determination of the session, it was not meant for 
judiciary cases, depending before the House of 
Lords, such as impeachments, appeals, and writs 
of error. These stand continued of course to the 
next session. — Baym, 120. 381— Buffh. Jac. L, 
/). Parliament* 



TREATIES. 129 

[Impeachments stand in like manner continued 
before the Senate of the United States.*] 



SECTION LIL 

TREATIES. 

[The President of the United States has power, 
by and with the advice and consent of the Senate, 
to make treaties, provided two-thirds of the Sen- 
ators present concur. — Const. U. S. 9 Article II. 
Section 2. 

All confidential communications made by the 
President of the United States to the Senate, shall 
be, by the members thereof, kept inviolably secret, 
and that all treaties, which may hereafter be laid 
before the Senate, shall also be kept secret, until 
the Senate shall, by their resolution, take off the 
injunction of secrecy. — Rule 38.] 

Treaties are legislative acts. A treaty is a law 
of the land. It differs from other laws only as it 
must have the consent of a foreign nation, being 
but a contract with respect to that nation. In all 
countries, I believe, except England, treaties are 
made by the legislative power: and there also, if 
they touch the laws of the land, they must be ap- 
proved by Parliament. Ware vs. Hylton. — 3 Dal- 
las's Rep. 199. It is acknowledged, for instance, 
that the King of Great Britain cannot, by a treaty, 

*It was held, in the case of Hastings, that a dissolution did not 
work the discontinuance of an impeachment. 
9 



230 TREATIES. 

make a citizen of an alien.— Vattel, b. I.e. 19, 
sec, 214. An act of Parliament was necessary to 
validate the American treaty of 1783. And abun- 
dant examples of such acts can be cited. In the 
case of the treaty of Utrecht, in 1712, the commer- 
cial articles required the concurrence of Parlia- 
ment. But a bill brought in for that purpose we& 
rejected. France, the other contracting parly, 
suffered these articles, in practice, to be not insist- 
ed on, and adhered to the rest of the treaty.~4 
JZusselVs Hist. Mod. Europe, 457.-2 Smallet, 
242, 246. 

[By the Constitution of the United States, this 
department of legislation is confined to two branch* 
es only, of the ordinary Legislature; the President 
originating, and Senate having a negative. To 
what subject this power extends, has not been de- 
fined in detail by the Constitution; nor are we en- 
tirely agreed among ourselves. 1., It is admitted, 
that it must concern the foreign nation, party to 
the contract, or it would be a mere nullity res inter- 
alias acta, 2. By the general power to make 
treaties, the Constitution must have intended to 
comprehend only those subjects which are usual- 
ly regulated by treaty, and cannot be otherwise 
regulated. 3. It must have meant to except out 
of these the rights reserved to the States; for sure- 
ly the President and Senate cannot do by treaty 
what the whole government is interdicted from 
doing in any way. 4* And also to except those 
subjects of legislation in which it gave a participa- 
tion to the House of Representatives. This last 
exception is denied by some, on the ground that 



TREATIES. 131 

it would leave very little matter for the treaty 
power to work on. The less the better, say 
others. The Constitution thought it wise to 
restrain the Executive and Senate from entangling 
and embroiling our affairs with those of Europe. 
Besides, as the negotiations are carried on by the 
Executive alone, the subjecting to the ratification 
of the Representatives such articles as are within 
their participation, is no more inconvenient than 
to the Senate. But the ground of this exception 
is. denied as unfounded. For example, e. g. the 
treaty of commerce with France, and it will be 
found that, out of thirty-one articles, there are not 
more than small portions of two or three of them 
which would not still remain as subjects of trea- 
ties, untouched by those exceptions. 

Treaties being declared, equally with the laws 
of the United States, to be the supreme law of the 
land, it is undent ood that an act of the Legislature 
a'one can declare them infringed and rescinded. 
This was accordingly the process adopted in the 
case of France, in 1798. 

It has been the usage of the Executive, when it 
communicates a treaty to the Senate for their rati 
fication, to communicate also the correspondence 
of the negotiations. This having been omitted in 
the case of the Piussian treaty, was asked by a vote 
of the House, of February 12, 1800, and was ob- 
tained. And in December, 1800, the Convention 
of that year between the United Slates and France, 
with the report of the negotiations by the Envoys, 
but not their instructions, being laid before the 
Senate, the instructions were asked for ; and com* 
municated by the President, 



132 TREATIES.^ 

The mode of voting on questions of ratification, 
is by nominal call. 

Whenever a treaty shall be laid before the Sen- 
ate for ratification, it shall be read a first time for 
information only; when no motion to reject, ratify, 
or modify the whole or any part, shall be received. 

Its second reading shall be for consideration; 
and on a subsequent day, when it shall be taken 
up as in a committee of the whole, and every one 
shall be free to move a question on any particular 
article in this form, "Will the Senate advise and 
consent to the ratification of this article?" or to 
propose amendments thereto, either by inserting 
or by leaving out words, in which last case the 
question shall be, "Shall the words stand part of 
the article?" And in every of the said cases, the 
concurrence of two-thirds of the Senators present 
shall be requisite to decide affirmatively. And 
when through the whole, the proceedings shall be 
stated to the House, and questions be again seve- 
rally put thereon for confirmation, or new ones 
proposed, requiring in like manner a concurrence 
of two-thirds for whatever is retained or inserted. 

The votes so confirmed shall, by the House, or 
a committee thereof, be reduced into the form of a 
ratification, with or without modifications, as may 
have been decided, and shall be proposed on a sub- 
sequent day, when every one shall again be free 
to move amendments, either by inserting or leav- 
ing out words; in which last case the question shall 
be "Shall the words stand part of the resolution?" 
And in both cases the concurrence of two-thirds 
shall be requisite to carry the affirmative; as well 



IMPEACHMENT. 133 

as on the final question to advise and consent to 
the ratification in the form agreed to. — Rule 37. 

When any question may have been decided by 
the Senate, in which two-thirds of the members 
present are necessary to carry the affirmative, any 
member who voted on that side which prevailed in 
the question, may be at liberty to move for a re- 
consideration; and a motion for the reconsidera- 
tion; and a motion for the reconsideration, shall be 
decided by a majority of votes. — Rule 44.] 



SECTION LIII. 

IMPEACHMENT. 

[The House of Representatives shall have the 
sole power of impeachment. — Cons. U. S. Art. 1, 
Sec. 3. 

The Senate shall have the sole power to try ail 
impeachments. When sitting for that purpose, 
they shall be on oath or affirmation. When the 
President of the United States is tried, the Chief 
Justice shall preside; and no person shall be con- 
victed without the concurrence of two-thirds of the 
members present. Judgment, in cases of im- 
peachment, shall not extend further than to remo- 
val from office, and disqualification to hold and 
enjoy any office of honor, trustor profit, under the 
United States. But the party convicted shall ne- 
vertheless be liable and subject to indictment, trial, 
judgment, and punishment, according to law. — 
Const. U. S. Art. 1. Sec. 3. 

The President, Vice President, and all civil of- 
ficers of the United States, shall be removed from 



134 IMPEACHMENT. 

office on impeachment for, and conviction of, trea- 
on, bribery, or other high crimes and misdemea- 
nors. — Const. U. S. Art. II. Sec. 4. 

The trial of crimes, except in cases of impeach- 
ment, shall be by jury.— Const. U. S. Art. 111. 
Sec. 2.] 

These are the provisions of the Constitution of 
the United States on the subject of impeachments* 
The following is a sketch of some of the principles 
and practices of England on the same subject. 

Jurisdiction. — The Lords cannot impeach any to 
themselves, nor join in the accusation, because 
they are judges. — Sel. Judic. in Pari. 12. 63. 
Nor can they proceed against a commoner but on 
complaint of the Commons* — Id. 84. The Lords 
may not, by the law, try a commoner for capital 
offence, on the information of the King, or a pri- 
vate person; because the accused is entitled to a 
trial by his peers generally; but on accusation by 
the House of Commons, they may proceed against 
the delinquent, of whatsoever degree, and what- 
soever be the nature of the offence; for there they 
do not assume to themselves a trial at common 
law. The Commons are then instead of a jury, 
and the judgment is given on their demand, which 
is instead of a verdict. So the Lords do only judge 
but not try the delinquent. — Id. 6, 7. But Wood- 
deson denies that a commoner can now be charged 
capitally before the Lords, even by the Commons; 
and cites Fitzharris's case, 1681, impeached of 
high treason, where the Lords remitted the pro- 
secution to the inferior court— 8 Grey's Deb. 325, 
'6, '7-2 Woodeson, 601, 576—3 Seld. 1610, 



IMPEACHMENT. 135 

1619, 1641—4 Black, 257—3 Seld. 1604, 161&. 
9, 1656. 

Accusation.— TJne Commons, as the grand in* 
quest of the nation, became suitors for penal just* 
ice— 2 Woodd. 597—6 Grey, 356. The gene- 
ral course is to pass a resolution, containing a 
criminal charge against the supposed delinquent, 
and then to direct some member to impeach him by 
oral accusation, at the bar of the House of Lords, 
in the name of the Commons. The person signi- 
fies that the articles will be exhibited, and desires 
that the delinquent may be sequestered from his 
seat, or be committed, or that the Peers will take 
order for his appearance. — Sachev. Trial, 325 — 2 
Woodd. 602, 605— Lord's Jour. 3 June, 1701; 
1 Wms. 616—8 Grey, 324. 

Process.— If the party do not appear, proclama- 
tions are to be issued, giving him a day to appear. 
On their return they are strictly examined. If any 
error be found in them, anew proclamation issues, 
giving a short day. If he appear not, his goods 
may be arrested, and they may proceed. — Seld. 
Jud. 98, 99. 

Articles. — The accusation (article) of the Com- 
mons, is substituted in the place of an indictment. 
Thus, by the usage of Parliament in impeachment 
for writing or speaking, the particular words need 
not be specified.— Sach. Tr. 325 — 2 Woodd. 
602, 605— Lords' Jour. 3 June, 1701—1 Wms. 
616. 

Appearance. — If he appears, and the case be 
capital, he answers in custody; though not if the 
accusation be general. He is not to be committed 



138 IMPEACHMENT* 

but on special accusations. If it be for a misde- 
meanor only, he answers, a Lord in his place, a 
Commoner at the bar, and not in custody, unless, 
on the answer, the Lords find cause to commit 
him till he find sureties to attend? and lest he should 
fly. — Seld. Jud. 98, 99. A copy of the articles 
is given him, and a day fixed for his answer. — T. 
May~\ Rusliw. 268 — Fost. 232—1 Clar. Hist. 
of Reb. 379. On a misdemeanor, his appearance 
may be in person, or he may answer in writing or 
by attorney. Seld, Jud, 100. The general rule 
on an accusation for a misdemeanor is, that in such 
a state of liberty or restraint as the party is when 
the Commons complain of him, in such be is to 
answer.— Seld. Jud. 101 . If previously commit- 
ted by the Commons, he answeis as a prisoner. 
But this may be called in some sort, judicium 
parium suorum . — Seld. Jud. In misdemeanor?, 
the party has a right to counsel by the common 
law; but not in capital cases. — Seld. Jud. 102 — 5. 

Answer. — The answerer need not observe great 
strictness of form. He may plead guilty as to 
part, and defend as to the residue; or, saving all 
exceptions, deny the whole, or give a particular 
answer to each article separately. — 1 Rush, 274; 
2 Rush. 1374—12 Pari. Hist, 442—3 Lords" 
Jour. 13 Nov. 1643--2 Woadd, G07. But he 
cannot plead a pardon in bar to the impeachment. 
2 Wood. 618—2 St. Tr. 735. 

Replication, rejoinder, fyc. — There may be a 
replication, rejoinder, &c. — Seld. Judic. 114 — 
8 Grey's Deb. 233— Sack. Tr. 15— Journal H. 
of Commons y § March> 1640, I. 



IMPEACHMENT. 13*7 

Witnesses , —The practice is to swear the wit- 
nesses in open House, and then examine them 
there; or a commitiee may be named, who shall 
examine them in committee either on interrogato- 
ries agreed on in the House, or such as the com- 
mittee, in their discretion, shall demand. — SehL 
Jud. 120, 123, 

Jury. — In the ease of Alice Pierce, 1 R. 2, a 
jury was empannelled for her trial before a com- 
mittee — Seld. Jud. 123. But this was on a 
complaint, not on impeachment by the Commons. 
Seld. Jud. 163. It must also have been for a 
misdemeanor only, as the Lords Spiritual sat in 
the case, which they do on misdemeanors, but not 
in capital cases. — Seld. Jud. 148. The judg- 
ment was a forfeiture of all her lands and goods, 
Seld. Jud. 188. This, Seldon says, is the only 
jury he finds recorded in Parliament for misdemea- 
nors; but he makes no doubt, if the delinquent 
doth put himself on the trial of his country, a jury 
ought to be empannelled; and he adds that it is 
not soon impeachment by the Commons; for they 
are in oco proprio, and here no jury ought to be 
empannelled. — Id. 124. The Lord Berkley, 6 
£.3, was arraigned for the murder of Z- 2, on an 
information on the part of the King, and not on 
impeachment of the Commons; for then they had 
been patria sua. He waived his peerage, and 
was tried by a jury of Gloucestershire and War- 
wickshire. — Id. 125. In one, 1 H. 7, the Com- 
mons protest that they are not to be considered as 
parties to any judgment given, or hereafter to be 
given in Parliament,— -Id, 13?. They have been 



138 IMPEACHMENT. 

generally, and more justly considered, as is before 
stated, as the grand jury. For the conceit of Sel- 
den is certainly not accurate, that they are the jt>a- 
tria sua of the accused, and that the Lords do only 
judge, but not try.. It is undeniable they do try. 
For they examine witnesses as to the facts, and 
acquit or condemn according to their own belief of 
them. And Lord Hale says "the Peers arejudg* 
es of law as well as of fact." 2 Hale, P. C. 275. 
Consequently of fact as well as of law. 

Presence of Commons. — The Commons are to 
be present at the examination of witnesses. — Seld. 
Jud. 124. Indeed, they are to attend throughout^ 
either as a committee of the Whole House ; or 
otherwise, at discretion, appoint managers to con- 
duct the proofe.—Rushw. Tr. of Straff. 37— 
Com. Jour. 4 Feb. 1709, 10—2 Woodd. 614. 
And judgment is not to be given till they demand 
it-^Seld.^ Jud. 124. But they are not to be pres- 
ent on impeachment when the Lords consider of 
the answer or proofs, and determine of their judg- 
ment. Their presence, however, is necessary at 
the answer and judgment in cases ciapital-- Jd* 58, 
159; as well as not capital, 162, The Lords de- 
bate the judgment among themselves: Then the 
vote is first taken on the question of guilty or not 
guilty; and if they convict, the question or parti- 
cular sentence, is out of that which seemeth to 
be most generally agreed on. — Seld. Jud, 167 — 2 
Wood. 612. 

Judgment. — Judgments in Parliament for death, 
have been strictly guided per legem terrce, which 
they cannot alter; and not at all according to their 



IMPEACHMENT. 139 

discretion. They can neither omit any part of the 
legal judgment, nor add to it. Their sentence 
must be secundum, non ultra legem. — Seld. Jud. 
168, 169, 170, 171. This trial, though it varies 
in external ceremony, yet differs not in essentials 
from criminal prosecutions before inferior courts * 
The same rules of evidence, the same legal notions 
of crimes and punishments prevail: For impeach- 
ments were not framed to alter the law, but to 
carry it into more effectual execution against too 
powerful delinquents. The judgment, therefore, 
is to be such as is warranted by legal principles 
or precedents.— 6 Stra. T?\ 14—2 Woodd. 611. 
The Chancellor gives judgments in misdemeanors; 
the Lord High Steward, formerly, in cases of life 
and death. — Seld . Jud. 180. But now the Stew- 
ard is deemed not necessary. — Fost. 144 — 1 
Woodd. 613 . In misdemeanors, the greatest cor- 
poral punishment hath heen imprisonment. — Seld* 
Jud. 184, The King's assent is necessary in 
capita] judgments, (but, 2 Woodd. 614, contra,) 
but not in misdemeanors.— Seld. Jud 136. 

Continuance. — An impeachment is not discon- 
tinued by the dissolution of Parliament, but may 
be resumed be the new Parliament — T. Ray, 383. 
5 Com. Journ. 23 Dec. 1790, Lords' Joan. May 
16,1791—2 Woodd* 618. 



INDEX 

TO THE 

CONSTITUTION OF THE U. STATES. 



Art. 


See: 


Page 


1 


8 


153 


6 

6 


1 


164 


5 


1 


163 


- 


- 


163 


o 


o 


159 


1 


2 


156 


1 


9 


155 


1 


8 


153 


1 


8 


154 


- 


- 


171 


- 


- 


171 


1 





153 


1 


10 


15© 



Arts and Sciences, to be promoted 

Vets, records and judicial proceedings of each State 

entitled to faith and credit in other States 
Amendments to the Constitution, how made 

made 
Appointments to be made by the President . 
Apportionment of Representatives 
Appropriations by law . . : 

Appropriation for Army not to exceed two years 
Armies, Congress to raise and support 
Arms, right of the people to keep and bear ; 
Assemble, people may .... 
Attainder, bill of, prohibited to Congress 
prohibited to the States 
of treason, shall not work corruption of 
blood, or forfeiture, except during the 
life of the person attainted ; 3 3 161 

B 

Sail, excessive, not required . . 173 

bankruptcy, laws to be uniform . : 18 153 

Bills for raising revenue, shall originate in House of 

Representatives ; * . 1 1 151 

before they become laws, shall be passed by both 
Houses, and approved by the President; or, if 
disapproved, shall be passed by two-thirds of 
each House . . . . 1 7 151 

not returned in ten days, unless an adjournment 
intervene, shall be laws ... 1 8 152 

Borrow money, Congress may . : 18 152 

c 

apitation tax, apportionment of . . 1 9 148 
Census, or enumeration to be made every ten years 1 2 155 
itizens of each State shall be entitled to the privil- 
eges and immunities of citizens of the seve- 
ral States . , . . 4 2 362 
Claims, no prejudice to certain . .43 163 



142 INDEX TO CONSTITUTION, 

Art, Sec Pago 
Claims of the United States, or of the several States, 
not to be prejudiced by any construction of 
the Constitution . . . - 4 3 163 

Coasting trade, regulations respecting . 1 9 152 

same same . 19 154 

Coins, Congress fix value of foreign 4 . 18 153 

Commerce, Congress to regulate i . 1 8 153 

regulations respecting, to be equal and uniform 1 9 153 
Commissions, to be granted by the President 2 2 154 

Common law, recognized and established, 7th am'dt - * 172 
Congress, vested with power (See Art. 1. Sees. 4, 6, 
8; Art. 2, Sec. 1, 2, 3; Art. 3, Sec. 1,3; 
Art. 4, Sec. 1, 3; Art. 5, Sec. 1,) beginning 
on page . . . . - 147 

Constitution, how amended . , . 5 1 163 

laws and treaties, declared to be the su- 
preme law ... 6 1 164 
rendered operative by the ratification of 
nine States . . : 7 1 164 
Contracts, no law impairing . . . 1 10 155 
Conventions, for proposing amendments to the Con- 
stitution , < ' : 5 1 163 
Counterfeiting, Congress to provide for punishment 1 8 153 
Court, Supreme, its original and appellate jurisdic- 
tion . , . . . 3 2 160 
Courts, inferior to the Supreme Court, may be or- 
dained by Congress . . . 1 8 153 
primes, persons accused of, fleeing from justice, may 

be demanded . . ; 4 2 162 

how tried , : : . 3 2 162 

Criminal prosecutions, proceedings in cases of ~ 161 

D 

Debts, against the Confederation, to be valid 6 1 163 
Duties, to be laid by Congress, and to be uniform, 

(Art. 1, Section 8, 9, 18;) beginning on page - » 152 

E 

Elections, of Senator? and Representatives, shall 

be prescribed by the States . 1 4 150 

qualifications and returns of members of 
Congress, to be determined by each 
House i . 1 5 150 

Electors, of President and Vice President, how cho- 
sen, and their duties . . . 2 1 158 
altered, see 12th amendment . . 174 
to vote the same day throughout the U. S. 2 1 158 
no Senator, or Representative, or public 
officer, shall serve as . : , 2 1 156 
Enumeration, every ten years i . : 1 2 148 
Executive power vested in a President, (See Pres't) 2 I 156 



1 


2 


143 


1 


3 


149 


2 


4 


156 


1 


9 


154 



INDEX TO CONSTITUTION. 143 



Art. Sec. Page 

Exports, not to be taxed : i . 19 154 

and imports, States prohibited from laying 
duties on . . .1 10 154 

Expost facto law, none shall be passed . 1 9 155 



Fines excessive, prohibited ...-.- 173 
Fugitives, from justice, to be delivered up ; 4 2 163 

from service, to be reclaimed . 4 2 162 

H 

Habeas corpus, writ of - . . ; 19 154 

House of Representatives. (See Representatives) 

Impeachment to be brought by House of Reps. 

tried by the Senate 

all civil officers liable to , 

Importation of slaves, not prohibited till 1808 



Judges, shall hold their offices during good behavior 3 1 16Q 
Judiciary, tribunals inferior to Supreme Court may 

be created ■ 

Judges, their compensation 

Judicial power, vested in a Supreme Court, and 
Courts inferior 
powers of the judiciary . 
restrictions as. to suits against State 
Judicial proceedings of each State are entitled 

to faith and credit in every State . 4 1 160. 

Jury trial secured, and shall be held in the State 
where the crime shall have been commit- 
ted . • . . . 3 2 160 
further regulated, 6th amendment . . - - 172 
secured in suits at common law, where the 
value in controversy shall not exceed 20 dol- 
lars, 7th amendment ;..-., 17$ 

L 

Law, what is declared the Supreme . . 6 1 164 
Law, common, recognized and established, in 7th 

amendment . . . *■■■".- 172 

Laws, President to see them faithfully executed 2 3 160, 
Legislative powers vested in Congress. (See Congress.) 

Loans, authority to make . . . I Q 153 

M 

Marque and Reprisal, letters of . . 1 10 153 

Militia to be called out, armed, #c, by Congress I 8 153 

to be officered by the States . . 1 8 154 

to be commanded by the President . 2 2 15 



1 


8 


153 


3 


1 


160 


3 


1 


160 


2 


3 


16U 


^ 


- 


172 



144 



INDEX TO CONSTITUTION, 



Militia, their right to keep and bear arms, secured, 2d 

amendment .... 
Meney shall be drawn from the Treasury only by 
appropriation laws ; » 

Congress to coin and regulate value • 
States cannot make . 

N 

Naturalization, uniform rules 

Navy, Congress to provide and govern 

Nobility, no titles of, shall be granted . * 

o 

Officers of House of Reps, shall be chosen by House 
of the Senate shall be chosen by the Senate 
civil, may be removed by impeachment 

Order of one House, requiring concurrence of other 

Oath of the President . 

of the public officers . . : 



Pardons, President may grant • 
Patents to be granted to inventors 
Petition, right of .... 

Persons held to labor or service 

escaping from one State to another - 
Piracy, Congress to prescribe punishment for 
Post Offices and Post Roads, establishment of 
Powers not delegated to Congress, nor prohibited to 
the States, are reserved, 10th amendment 
Legislative, (See Congress) 
Executive, (See President) 
Judicial, (See Judicial) 
Presents from foreign powers to public officers pro- 
hibited - - - , - 1 
Press, freedom of - 

President of the United States vested with the Execu- 
tive power, (See Art. 2, Sec. 1,4)- 2 

(and 12th amendment) 
commander of the army, navy, and militia, 



Lrt. 


Sec. 


Page 


i 


- 


171 


1 


9 


155 


1 


8 


153 


1 


10 


155 


1 


8 


153 


1 


9 


153 


1 


9 


155 


1 


2 


148 


I 


3 


149 


2 


4 


157 


1 


7 


151 


2 


1 


153 


6 


1 


164 


2 


o 


159 


1 


8 


153 


_ 


_ 


166 


1 


9 


154 


4 


2 


162 


1 


8 


153 


1 


8 


153 



<^c. (See Article 2, Section 2, 3) - 
Privileges and immunities of members of Congress 

ef citizens. (See Citizens, also Rights) 
Property, Congress to provide for care of public 

shall not be taken for public use without 
just compensation, 5th amendment 
Punis hments, cruel and unusual prohibited • 

Q 

Quorum, for business, what shall be 

of States, in choosing a President by the 
House of Representatives 



1-4 



2-3 

6 



173 



155 
171 

156 
174 

156 
151 

162 

172 
177 



150 



INDEX TO CONSTITUTION. 



145 



\rt 


Sec. 


Page* 


** 


~ 


175 


1 


9 


155 


4 


1 


162 


- 


_ 


171 


- 


- 


171 


2 


2 


365 



Quartered, no soldier to be quartered on a citizen 

R 

Receipts and expenditures, accounts of to be pub- 
lished ..... 
Records, how to be authenticated 
Religion, no law to be made, free exercise of - 

religious test not required 
Reprieves, granted by the President 
Representatives, House of, composed of members 

chosen every second year - - 12 165 

qualifications, #c. (See Article I, Sections 

2, 5, and 7) ' - - - 1 2 5 6 7 165 

Representatives shall not be questioned for speech 

or debate in the House - I 6 
shall not be appointed to office 1 6 
shall not serve as electors of President 2 1 
and direct taxes apportioned accord- 
ing to numbers - - 12 
Representation of a State, vacancies in, supplied 
until anew election by Executive author- 
ity 12 

Resolution, order, or vote, requiring the concur- 
rence of both Houses, to undergo the for- 
malities of bills I 7 
Revenue bills, to originate in the House of Reps. 1 7 
Rights of the citizens declared — privileges-, #c. 4 2 
Rules, each House shall determine its own - 1 5 

s 

Seat of Government, exclusive legislation . 1 8 

Searches and seizures, security against - - 

Senate, composed of two Senators from each State, 

how chosen, $-c (See Art. 1, Sec. 3, 5, 7, 1 3 5 6 7 
and Art. 2, Sec. 1,) 2 1 

Senators and Representatives, elections of, how pre- 
scribed - 1 4 
Slaves, their importation may be prohibited after 

1808 , 19 

escaping from one State to another, may be 
reclaimed ... 

Soldiers not quartered on citizens 
Speaker, how chosen 
Speech, freedom of 

States prohibited from entering into treaties, <§-c. 1 
States, new, may be admitted into the Union 4 

may be formed within the jurisdiction of 
others, or by the junction of two or more, 
with the consent of Congress and the Legis- 
latures concerned ... 4 
S tate judges bound to consider treaties, the Consti- 
tution, and the laws under it, as supreme 6 

10 



16 
3 



151 
151 
156 

147 



148 



151 
351 
1C2 
150 

154 
171 

14S 
156 

150 

154 

162 
173 
348 
171 
155 
162 



162 
164 



146 INDEX TO CONSTITUTION. 

Art. Sec, Page 
State, guarantied a republican form of Government; 

protected by United States - - 4 4 163 

Supreme Court. (See Court and Judiciary.) 
Suits at common law, proceedings - • - 172 

T 

Tax, direct, according to representation - 12 147 

shall be laid in proportion to census 1 9 155 

Tax, on exports, prohibited - - - 19 155 

Tender, what shall be a legal - .- 1 10 155 
Territory, or public property, Congress may make 

concerning - - - - 4 3 162 

Test, religions, shall not be required • - 6 171 

Titles. (See nobility.) 

Title from foreign State prohibited - - 1 . 9 155 
Treason, defined" - ... 3 3 161 
two witnesses, or confession, necessary to 
conviction 3 3 161 
punishment of, may be prescribed by Con- 
gress - - - - 3 3 161 
Treasury, money drawn from, only by appropriation 1 9 153 
Treaties, how made - - - - 2 2 159 
the supreme law - . _ - 164 
State cannot make - - - 1 10 ]55 

v 

Vacancies, happening during the recess, may be filled 

temporarily by the President - 2 2 159 

in representation in Congress, how filled 1 2 14S 

Veto of the President, eifect of, and proceedings on 1 7 151 
Vice President of the United States — 

to be President of the Senate - - 13 149 

how elected ---•21 156 

amendment - - - - 174 

shall, in certain cases, discharge the duties of 

President . - - - 2 1 153 

may be removed by impeachment - 2 4 160 

Vote of one House requiring concurrence of other 1 7 151 

w - 

War, Congress to declare - - - 1 8 153 

Warrants for searches and seizures, when and how 

they shall issue, 4th amendment - - - 171 

Witness, in criminal cases, no one compelled to be 

against himself, 5th amendment - - - 172 

Weights and measures, standard of - - 18 153 

Y 

Yeas and Nays, entered on Journal • - 1 5 350 



CONSTITUTION. 



We the people of the United States, in order to 
form a more perfect union, establish justice, en- 
sure domestic tranquility, provide for the com- 
mon defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Coil" 
stitation for the United States of America. 

ARTICLE I. 

Section 1 . All legislative powers herein gran- 
ted, shall be vested in a Congress of the United 
States, which shall consist of a Senate and House 
of Representatives. 

Section 2. The House of Representatives 
shall be composed of members chosen every se- 
cond year by the people of the several States, and 
the electors In each State shall have the qualifica- 
tions requisite for electors of the most numerous 
branch of the State* Legislature, 

No person shall be a Representative who shall 
not have attained the age of twenty-five years, and 
been seven years a citizen of the United States, 
and who shall not, when elected, be an inhabitant 
of the State in which he shall be chosen. 

Representatives and direct taxes shall be appor- 



148 Constitution of the United States. 

tioned among the several Slates which may be in- 
cluded within this Union, according to their res- 
pective numbers, which shall be determined by ad- 
ding to the whole number of free persons, inclu- 
ding those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths of all 
other persons. The actual enumeration shall be 
made within three years after the first meeting of 
the Congress of the United States, and within 
every subsequent term of tea years, in such man- 
ner as they shall by law direct. The number of 
Representatives shall not exceed one for every thir- 
ty thousand, but each State shall have at least one 
Representative: and until such enumerat : on shall 
he made, the State of New Hampshire shall be en- 
titled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connec- 
ticut five. New York six, New Jersey four, Penn- 
sylvania eight, Delaware one, Maryland six, Vir- 
ginia ten, North Carolina five, South Carolina 
live, and Georgia three. 

When vacancies happen in the representation 
from any State, the Executive authority thereof 
shall issue writs of election to fill such vacancies. 

The House of Representatives shall choose 
their Speaker and other officers; and shall have the 
sole pow r er of impeachment. . 

Section. 3. The Senate of the United States 
shall be composed of two Senators from each 
State, chosen by the Legislature thereof, for six 
years; and each Senator shall have one vote. 

Immediately after they shall be assembled in 
consequence of the first election, they shall be di- 



Constitution of the United States. 149 

\ided as equally as may be into three classes. The 
seats of the Senators of the first class shall be va- 
cated at the exp raton of the second year, of the 
second class at the expiration of the fourth year, 
and of the third class at the expiration of the 
sixth year, so that one-third may be chosen every 
second year; and, if vacancies happen by resigna- 
tion or otherwise, during the recess of the Legisla- 
ture of any State, the Executive thereof may 
make temporary appointments, until the next meet- 
ing of the Legislature, which shall then fill such 
vacancies. 

No person shall be a Senator who shall not have 
attained to the age of thirty years, and been nine 
years a citizen of the United Siates, and who shall 
not, when elected, be an inhabitant of that State 
for which he shall be chosen. 

The Vice Piesident of the United States shall 
be. President of the Senate, but shall have no vote, 
unless they be equally divided. 

The Senate shall choose their other officers, and 
also a President pro tempore, in the absence of the 
Vice President, or when he shall exercise the of- 
fice of President of the United States* 

The Senate shall have the sole power to try all 
impeachments; when sitting for that purpose, they 
shall be on oath or affirmation. When the Presi- 
dent of the United States is tried, the Chief Jus- 
tice shall preside: and no person shall be convict- 
ed without the concurrence of two thirds of the 
members present. 

Judgment in cases of impeachment shall not ex- 
tend further than to removal from office, and dis- 



150 Constitution of the United States* 

qualification to hold and enjoy any office of honor, 
trust or profit under the United States: but the par- 
ty convicted shall nevertheless be liable and sub- 
ject to indictment, trial, judgment and punishment 
according to law. 

Section 4. The times, places, and manner of 
holding elections for Senators and Representa- 
tives, shall be prescribed in each State by the Leg- 
islature thereof; but the Congress may at any time 
by law, make or alter such regulations, except as to 
the places of choosing Senators, 

The Congress shall assemble at least once in 
every year, and such meeting shall be on the first 
Monday in December, unless they shall by law ap- 
point a different day* 

Section 5. Each House shall be the judge of 
the elections, returns and qualifications of its own 
members, and a majority of each shall constitute 
a quorum to do business; but a smaller number 
may adjourn from day to day, and may be author < 
ized to compel the attendance of absent members, 
in such manner and under such penalties as each 
House may provide. 

Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly beha- 
viour, and, with the concurrence of two-thiids, ex- 
pel a member. 

Each House shall keep a journal of its proceed- 
ings, and from time to time publish the same, ex- 
cepting such parts as may in their judgment require 
secrecy; and yeas and nays of the members of ei- 
ther House on any question shall, at the desire of 
one fifth of those present, be entered on the jour- 
nal* 



Constitution of the United States. 151 

Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two Houses shell be sitting. 

Section 6. The Senators and Representatives 
shall receive a compensation for their services, to 
be ascertained by law, and paid out of the Treas- 
ury of the United States. They shall, in all cases 
except treason, felony and breach of the peace, be 
privileged from arrest during their attendance at 
the session of their respective Houses, and in go- 
ing to and returning from the same; and for any 
speech or debate in either House, they shall not 
be questioned in any other place. 

No Senator or Representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments 
whereof shall have been increased during such 
time; and no person holding any office under the 
United States shall be a member of either House, 
during his continuance in office. 

Section 7. All bills for raising revenue shall 
originate in the House of Representatives; but the 
Senate may propose, or concur with, amendments, 
as on other bills. 

Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it 
become a law, be presented to the President of the 
United States; if he approve he shall sign it, but if 
not he shall return it, with his objections, to that 
House in which it shall have originated, who shall 
enter the objections at large on their journal and 



152 Constitution of the United States. 

proceed to reconsider if. If, after such re-cons;d« 
eration, two-thirds of that House shall agree to 
pass the bill, it shall be sent, together with the ob- 
jections, to the other House, by which it shall 
likewise be re-considered, and if approved by two- 
thirds of that House, it shall become a law. But 
in all cases the votes of both Houses shall be de- 
termined by yeas and nays, and the names of the 
persons voting for and against the bill shall be en- 
tered on the journal of each House respectively. 
If any bill shall not be returned by the President 
within ten days, (Sundays excepted,) after it shall 
have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless 
the Congress, by iheir adjouanment, prevent its re- 
torn, in which case it shall not be a law. 

Every order, resolution, or vote to which the con- 
currence of the Senate and House of Representa- 
tives may be necessary ('except on a question of 
adjournment) shall he presented to the President 
of the United States; and, before the same shall 
take effect, shall be approved by him, or, being dis- 
approved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, ac- 
cording to the rules and limitations prescribed in 
in the case of a bill. 

Section 8. The Congress shall have power 
to lay and collect taxes, duties, impost and excises, 
to pay the debts and provide for the common de- 
fence and general welfare of the United States; 
but all duties, imposts and excises shall be uniform 
throughout the United States; 

To borrow money on the credit of the United 
States; 



Constitution of the United States. 153 

To regulate commerce with foreign nations, and 
among the several States, and with the Indian 
tribes; 

To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the United States; 

To coin money, regulate the value thereof, and 
of foreign coin, and fix the standard of weights and 
measures; 

To provide for the punishment of counterfeit- 
ing the securities and current coin of the United 
States; 

To establish Post Offices and Post Roads; 

To promote the progress of science and useful 
arts, by securing for limited times to authors and in- 
venters the exclusive right to their respective wri- 
tings and discoveries; 

To constitute tribunals inferior to the^Supreme 
Court; 

To define and punish piracies and felonies com- 
mitted on the high seas and offences against the 
law of nations; 

To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on the 
land and water; 

To raise and support armies, but no appropria 
tion of money to that use shall be for a longer 
term than two years; 

To provide and maintain a navy; 

To make rules for the Government and regula- 
tion of the land and naval forces; 

To provide for calling forth the militia to exe- 
cute the laws of the Union, suppress insurrections 
and repel invasions \ 



154 Constitution of the United States. 

To provide for organizing, arming, and discip- 
lining the militia, and for governing such part of 
them as maybe employed in the service of the 
Uniied States, reserving to the States respective- 
ly, the appointment of the officers, and the authori- 
ty of training the militia according to the discip- 
line prescribed by Congress. 

To exercise exclusive legislation in all cases 
whatsoever, over such district (not exceeding ten 
miles square) as may, by cession of particular 
States, and the acceptance of Congress, become 
the seat of the Government of the United States, 
and to exercise like authority over all places pur- 
chased by the consent of the Legislature of the 
State in which the same shall be, for the erection 
of forts, magazines, arsenals, dock-yards, and other 
needful building?; and 

To make all laws which shall be necessary and 
proper for carrying into execution the foregoiug 
powers, and all other powers vested by this Con- 
stitution in the Government of the United States, 
or in any department or officer thereof, 

Section 9, The migration or importation of 
such persons as any of the States now existing 
shall think proper to admit, shall not be prohibited 
by the Congress prior to the year eighteen hun- 
dred and eight; but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for 
each person. 

The privilege of the writ of habeas corpus shall 
not be suspended, unless when in cases of rebellion 
or invasion the public safety may require it. 



Constitution of the United States. 155 

No bill of attainder or ex post facto law shall bs 
passed. 

No capitation, or other direct tax, shall be laid, 
unless in proportion to the census or enumeration 
herein before directed to be taken. 

No tax or duty shall be laid en articles exported 
from any State. 

No preference shall be given, by any regulation 
of commeice or revenue, to the ports. of one State 
over those of another,- nor shall vessels bound to 
or from one State, be obliged to enter, clear 3 or pay 
duties in another. 

No money shall be drawn from the Treasury, 
but in consequence of appropriations made by law; 
and a regular statement and account of the receipts 
and expenditures of all public money shall be pub- 
lished from time to time. 

No title of nobility shall be granted by the Uni- 
ted States; and no person holding any office of pro- 
fit or trust under them, shall without the consent 
of the Congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, 
prince, or foreign state. 

Section 10. No State shall enter into any 
treaty, alliance, or confederation ; grant letters of 
marque and reprisal; coin money; emit bills of cre- 
dit; make any thing but gold and silver coin a ten- 
der in payment of debts; pass any bill of attainder, 
ex post facto law, or law imparing the obligation 
of contracts, or grant any title of nobility. 

No state shall, without the consent of the Con- 
gress, 1-jy any imposts or duties on imports or ex- 
port^ except what may be absolutely necessary 



156 Constitution of the United States^ 

for executing its inspection laws; and the net pro- 
duce of all duties and imposts, laid by any State 
on imports or exports, shall be for ihe use of the 
Treasury of the United States; and all such laws 
shall be subject to the revision and control of the 
Congress. 

No State shall, without the consent of Congress, 
lay any duty of tonage, keep troops, or ships of 
war in time of peace, enter into any agreement or 
compact wish any other State, or with a foreign 
power, or engage in war, unless actually invaded, 
or in such imminent danger as well not admit of 
delay. 

ARTICLE II. 

Section 1. The Executive powers shall be 
vested in aPresident of the United States of Ame- 
rica. He shall hold his office during the term of four 
years, and, together wiih the Vice President, cho- 
sen for the same term, be elected as follows: 

Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of elect- 
ors, equal to the whole number of Senators and 
Representatives to which the State may be enti- 
tled in the Congress: but no Senator or Represen- 
tative, or person holding an office of trust or pro- 
fit under the United States, shall be appointed an 
elector. 

The electors shall meet in their respective 
States and vote by ballot for two persons, of whom 
one at least shall not be an inhabitant of the same 
State with themselves. And they shall make a 



Constitation'of the United Slates. 157 

list of all the persons voted for, and the number of 
votes for each; which list they shall sign and certi- 
fy, and transmit sealed to the seat of the Gov- 
ernment of the United States, directed to the 
President of the Senate. The President of the 
Senate shall, in the presence of the Senate and 
House of -Representatives, open all the certificates, 
and the votes shall then be counted. The person 
having the greatest number of votes shall be the 
President, if such number be a majority of the 
whole number of electors appointed; and if there 
be more than one who have such majority, and 
have an equal number of votes, then the House of 
Representatives shall immediately choose, by 
ballot, one of them for President; and, if no other 
person have a majority, then from the five highest 
on the list the said House shall, in like manner, 
choose the President. But in choosing the Presi- 
dent, the votes shall be taken by States, the repre- 
sentation from each State having one vote; a quo- 
rum for this purpose shall consist of a member or 
members from two-thirds of the States, and a ma- 
jority of all the States shall be necessary to a 
choice. In every case, after the choice of the Pre- 
sident, the person having the greatest number of 
votes of the Electors shall be the Vice President. 
But if there should remain two or more who have 
equal votes, the Seriate shall choose from them by 
ballot the Vice President,* 

The Congress may determine the time of choos- 
ing the electors, and the day on which they shalj 

*Tlris clause of the Constitution has been amended. See 12th 
article of the amendments, page 174. 



158 Constitution of the United States. 

give their votes; which day shall be the same 
throughout the United States. 

No person except a natural born citizen, or a cit- 
izen of the United States at the time of the adop- 
tion of this Constitution, shall be eligible to the of- 
fice of President; neither shall any person be 
eligible to that office who shall not have attained to 
the age of thirty-five years, and been fourteen years 
a resident of the United States. 

In case of the removal of the President from of- 
fice, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the 
same shall devolve on the Vice President, and the 
Congress may by law provide for the case of re- 
moval, death, resignation or inability, both of the 
President and Vice President, declaring what offi- 
cer shall then act as President, and such officer 
shall act accordingly, until the disabilifybe remov- 
ed, or a President shall be elected. 

The President shall, at stated times, receive for 
his services, a compensation, which shall neither 
be increased or diminished during the period for 
which he shall have been elected, and he shall not 
receive within that period any other emolument 
from the United States or any of them. 

Before he enter on the execution of his office, 
he shall take the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will 
faithfully execute the office of President of the 
United States, and will to the best of my ability, 
preserve, protect and defend the Constitution of 
the United States." 



Constitution of the United Slates. 159 

Section 2. The President shall be command- 
er-in-chief of the army and navy of the United 
States, and of the militia of the several States, 
when called into the actual service of the United 
States; he ma} 7 ' require the opinion, in writing, of 
the principal officer in each of the Executive De- 
partments, upon any subject relating to the duties 
af iheir respective offices; arid he shall have pow- 
er to grant reprieves and pardons for offences 
against the United States, except in cases of im- 
perchment. x 

He shall have power, by and with the advice 
and consent of the Senate, to make treaties, pro- 
vided two-thirds of the Senators present concur; 
and he shall nominate, and, by and with the ad- 
vice and consent of the Senate, shall appoint am- 
bassadors, other ministers and consuls, judges of 
the Supreme Couit, and all other officers of the 
United States, whose appointments are not herein 
otherwise provided for, and which shall be estab- 
lished by law; but the Congress may by law vest 
the appointment of such inferior officers, as they 
think proper, in the President alone, in the Courts 
of law, or in the heads of departments. 

The President shall -have power to fill up all va- 
cancies that may happen during the recess of the 
Senate, by granting commissions which shall ex- 
pire at the end of their next session. 

Section 3. He shall from time to time give to 
the Congress information of the State of the Union, 
and recommend to their consideration such mea- 
sures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both 



160 Constitution of the United States. 

Houses, or either of them, and, in case of disagree- 
ment between them, with respect to the tims of 
adjournment, he may adjourn them to such time as 
he shill think proper; he shall receive ambassadors 
and other public ministers ; he shall take care that 
the laws be faithfully executed, and shall commis- 
sion all the officers of the United States .^f 

Section 4. The President, Vice President, 
and all civil officers of the United States, shall be 
removed from office on impeachment for, and con- 
viction of, treason, bribery, or other high crimes 
and misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United 
States shall be vested in one Supreme Court, and 
in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, 
both of the Supreme and inferior courts, shall hold 
their offices during good behavior, and shall, at 
stated times, receive for their services, a compen- 
sation, which shall not be diminished during their 
continuance in office. 

Section 2. The judicial power shall extend to 
all cases in law and equity, arising under this 
Constitution, the Laws of the United States, and 
the treaties made or which shall be made, under 
their authority; — to all cases affecting ambassadors, 
other public ministers and consuls; — to all cases 
of admiralty and maritime jurisdiction; — to con- 
troversies to which the United States shall be a 
party;-- -to controversies between two or more 



Constitution of the United States* 161 

States; — between a State and citizens of another 
State; — between citizens of different States; — be- 
tween citizens of the same State claiming lands 
under grants of different States, and between a 
State or the citizens thereof, and foreign States, 
citizens or subjects. 

In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a State 
shall be a party, the Supreme Court shall have 
original jurisdiction. In all the other cases b3- 
fore mentioned, the Supreme Court shall have ap- 
pellate jurisdiction, both as to law and fact, with 
such exceptions, and under such regulations, as the 
Congress shall make. 

The trial of all crimes except in cases of im- 
peachment, shall be by jury; and such trial shall be 
held in the State where the said crimes shall have 
been committed; but. when not committed within 
any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section 3. Treason against the United States 
shall consist only in levying war against them, or 
in adhereing to their enemies, giving them aid and 
comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

The Congress shall have power to declare the 
punishment of treason, but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

11 



162 Constitution of the United States. 
ARTICLE IV. 

Section 1. Full faith and credit shall be given 
in each State to the public acts, records, and judi- 
cial proceedings of every other State. And the 
Congress may by general laws, prescribe the man- 
ner in which such acts, records and proceedings, 
shall be proved, and the effect thereof. 

Section 2, The citizens of each State shall 
be entitled to all privileges and immunities of citi- 
zens of the several States. 

A person charged in any Slate with treason, 
felony, or other crime, who shall flee from justice, 
and be found in another State, shall, on demand of 
the Executive authority of the State from which 
he fled, be delivered up, to be removed to the State 
having jurisdict : on of the crime. 

No person held to service or labor in one State, 
under the laws thereof, escaping into another, 
shall, in consequence of any law or regulation 
therein, be discharged from such service or labor, 
but shall be delivered upon claim of the party to 
whom such service or labor may be due. 

Section 3. New States may be admitted by the 
Congress into this Union; but no new States shall 
be formed or erected within the jurisdiction of any 
other State; nor any State be formed by the junc- 
tion of two or more States, or parts of States, 
without the consent of the Legislature of the 
States concerned as well as of the Congress. 

The Congress shall have power to dispose of 
and make all needful rules and regulations respect- 
ing the territory or other property belonging to the 



Constitution of the United States. 163 

United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of 
the United States, or of any particular State. 

Section 4. The United States shall guaran- 
tee to every Slate in this Union a republican form 
of government, and shall protect each of them 
against invasion; and on application of the Legis- 
lature, or of the Executive (when the Legislature 
cannot be convened) against domestic violence. 

ARTICLE V, 

The Congress, whenever two-thirds of both Hou- 
ses shall deem it necessary, shall propose amend- 
ments to this Constitution, or, on the application 
of the Legislatures of two- thirds of the several Stales 
shall call a Convention for proposing amendments, 
which, in either case, shell be valid to all intents 
and purposes, as part of this Constitution, when 
ratified by the Legislatures of three-fourths of the 
several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratifica- 
tion may be proposed by Congress; provided that 
no amendment which may be made prior to the 
year one thousand eight hundred and eight, shall 
in any manner affect the first and fourth clauses in 
the ninth section of the first article, and that no 
State, without its consent, shall be deprived of its 
equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered 
into, before the adoption of this Constitution, shall 



1 64 Constitution of the United States* 

be as valid against the United Slates under this 
Constitution, as under the Confederation. 

This Constitution and the laws of the United 
States which shall be made in pursuance thereof; 
and all treaties made, or which shall be made, un- 
der the authority of the United States, shall be the 
supreme law of the land; and the judges in every 
State shall be bound thereby, any thing in the Con- 
stitution or laws of any State to the contrary not- 
withstanding. 

Tiie Senators and Representatives before men- 
tioned, and the members of the State Legislatures, 
raid all Executive and Judicial officers, both of 
the United Stales and of the several States, shall 
he bound by oath or affirmation, to support this 
Constitution; but no religious test shall ever be re- 
quired as a qualification to any office of public trust 
under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine Slates, 
shall be sufficient for the establishment of this Con- 
stitution between the States so ratifying the same. 

Dane in Convention, by the unanimous consent of 
the States present, the seventeenth day of Sep- 
tember, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the In- 
dependence of the United States of America the 
twelfth. In witness whereof we have hereunto 
subscribed our names. 

G°. WASHINGTON, 
President, and Deputy from Virginia, 



Constitution of the United States. 1C5 



New Hampshire. 
John Lcngdon, 
Nicholas Gil man. 

Massachusetts* 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 
William Sam I . Johnson, 
Roger Sherman, 

New York. 
Alexander Hamilton. 

New Jersey . 
William Livirgston, 
Dav'd Bi early, 
William Patterson, 
Jonathan Da\ton. 

Pennsylvania^ 
Benjamin Fianklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimcns, 
Jared Ingersoll, 
James Wilson, 
Gouverneur Morris. 
Attest: WILLIAM 



Delaware . 
George Reed, 
Gunning Bedford, jum 
John Dickinson, 
Richard Bassett, 
Jacob Broom . 

Maryland. 
James McHenry, 
Dan], of St, Thos* Jenifer. 
Daniel Carroll, 

Virginia. 
John Blair, 
Jtmes Madison, jun. 
North Carolina. 
William Blount, 
R'chard Dobbs Spaight, 
Hugh Williamson . 

South Carolina. 
John Rut! edge, 
Chartes C. Pinckney, 
Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Few, 
Abraham Baldwin. 
JACKSON, Secretary. 



IN CONVENTION. 

Monday, September 17, 1787. 
Resolved, That the preceding Constitution be 
laid before the United States in Congress assem- 
bled; and that it is the opinion of this Convention 
that it should afterwards be submitted to a con- 



163 Constitution of the United State?* 

vention of delegates chosen in each State by the 
people thereof, under the recommendation of its 
Legislature, for their assent and ratification; and 
that each convention assenting to and ratifying 
the same should give notice thereof to the United 
States in Congress assembled. 

Resolved, That it is the opinion of this Conven- 
tion, that, as soon as the conventions of nine 
States shall have ratified this constitution, the 
Inited States in Congress assembled should fix a 
liy on which electors should be appointed by the 
States which shall have ratified the same, and a 
day on which electors should assemble to vote for 
the President, and the time and place for com- 
mencing proceedings under this Constitution; that, 
after such publication, the electors should be ap- 
pointed, and the Senators and Representatives 
elected; that the electors should meet on the day- 
fixed for the election of the President, and should 
transmit their votes, certified, signed, sealed, and 
directed, as the Constitution requires, to the Secre- 
tary o( the United States in Congress assembled; 
that the Senators and Representatives should con- 
vene at the time and place assigned; that the Sen- 
ators should appoint a President of the Senate, for 
the sole purpose of receiving, opening, and counting 
the votes for President; and that, after he shall be 
chosen, the Congress, together with the President, 
should, without delay, proceed to execute this 
Constitution. 
By the unanimous order of the Convention: 

G°. WASHINGTON, President. 
W, JacksoNj Secretary, 



Constitution of the United States^ 167 

IN CONVENTION. 

September 17, 1787. 

Sir: We have now the honor to submit to the 
consideration of the United States in Congress as- 
sembled, that Constitution which has appeared to 
us the most advisable. 

The friends of our country have long seen and 
desired that the power of making war, peace, and 
treaties; that of levying money, and regulating 
commerce, and the correspondent Executive and 
Judicial authorities, should be fully and effectually 
vested in the General Government of the Union; 
but the impropriety of delegating such extensive 
trust to one body of men is evident: hence results 
the necessity of a different organization. 

It is obviously impracticable, in the Federal 
Government of these States, to secure all rights of 
independent sovereignty to each, and yet provide 
for the interest and safety of all. Individuals en- 
tering into society must give up a share of liberty 
to preserve the rest. The magnitude of the sacri- 
fice must depend as well on situation and circum- 
stance, as on the object to be obtained- It is at all 
times difficult to draw, with precision, the line be- 
tween those rights which must be surrendered and 
those which may be reserved; and, on the present 
occasion, the difficulty was increased by a differ- 
ence among the several States, as to theirsituation* 
extent, habits and particular interests. 

In all our deliberations on this subject, we kept 
steadily in our view that which appears toua the 
greatest interest of every true American — the con- 
solidation of our Union; in which is involved our 



168 Constitution of the United Stales, 

prosperity, felicity, safety— perhaps our national 
existence. This important consideration, serious- 
ly and deeply impressed on our minds, led each 
State in the Convention to be less rigid on points 
of inferior magnitude than might have been other- 
wise expected; and thus the Constitution which we 
now present is the result of a spirit of amity, and 
of that mutual deference and concession which the 
peculiarity of our political situation rendered in- 
dfspensible. 

That it will meet the full and entire approbation 
of every State, is not perhaps to be expected; but 
each will doubtless consider, that, had her interest 
alone been consulted, the consequences might 
have been particularly disagreeable or injurious to 
others. That it is liable to as few exceptions as 
could reasonably have been expected, we hope and 
believe; that it may promote the lasting welfare of 
that country so dear to us all, and secure her free- 
dom and happiness, is our most ardent wish. 

With great respect, we have the honor to he 9 
sir, your excellency's mcst obedient and humble 
servants. 

By the unanimous order of the Convention: 
G°. WASHINGTON, President. 
His Excellency the President of Congress. 



The United States in Congress assembled. 
Friday, September 23, 1787- 
Present — New Hampshire, Massachusetts, Con- 
necticut, New York, New Jersey, Pennsylvania, 
Delaware, Virginia, North Carolina, South Ca~ 



Constitution of the United States* 109 

rolina, and Georgia; and from Maryland, Mr. 

Ross. 

Congress having received the report of the Con- 
vention lately assembled in Philadelphia, 

Resolved, unanimously* That the said report, 
with the resolutions and letter accompanying the 
same, be transmitted to the several Legislatures, 
in order to be submitted to a convention of dele- 
gates chosen in each State by the people thereof, 
in conformity to the resolves of the Convention, 
mode and provided in that case. 

CHARLES THOMPSON, Secretary, 



AMENDMENTS, 

Article the First, 

Congress shall make no law respecting an es- 
tablishment of religion, or prohibiting the free ex- 
ercise thereof; or abridging the freedom of speech, 
or of the press; or the right of the people peacea- 
bly to assemble, and to petition the Government 
for a redress of grievances. 

•Article the Second. 

A well-regulated militia being necessary to the 
security of a free State, the right of the people to 
keep and bear arms shall not be infringed. * 

Article the Third. 

No soldier shall, in time of peace, be quartered 
in any house without the consent of the owner, nor 
in time of war but in a manner to be prescribed by 
law. 

Article the Fourth. 

The right of the people to be secure in their 
persons,|houses, papers, and effects, against unrea- 
sonable searches and seizures, shall not be violat- 
ed; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and parti- 



172 Amendments to the Constitution. 

cularly describing the place to be searched, and 
the persons or thing to be seized. 

Article the Fifth. 

No person shall be held to answer for a capital 
or Otherwise infamous crime, unless on a present- 
ment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the 
militia when in actual service, in time of War or 
public danger; nor shall any person be subject foi 
the same offence to be twice put in jeopardy of 
life or limb; nor shall be compelled, in any crimi- 
nal case, to be a witness against himself; nor be 
deprived of life, liberty, or property, without due 
process of law; nor shall private property be taken 
for public use without just compensation. 

Article the Sixth. 

In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial, by an 
impartial jury of the State and district wherein the 
crime shall have been committed, which district 
shall have been previously ascertained by law; 
and to be informed of the nature and cause of the 
accusation; to be confronted with the witnesses 
against him; to have compulsory process for ob- 
taining witnesses in his favor; and to have the as- 
sistenee of counsel for his defence. 

Article the Seventh. 

In suits at common law, where* the value in 
controversy shall exceed twenty dollars, the right 



Amendments to the Constitution. 173 

f trial by jury, shall be preserved; and no fact 
ied by a jury shall be otherwise re-examined in 
iny court of the United States, than according to 
he rules of the common law. 



Article the Eighth. 

Excessive bail shall not be required, nor excessi- 
ve fines imposed, nor cruel and unusual punish* 
nents inflicted. 

Article the Ninth. 

The enumeration in the Constitution of certain 
ghts shall not be construed to deny or disparage 
rthers retained by the people. 



% 



Article the Tenth. 



The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the 
States, are reserved to the States respectively, or 
to the people. 

Article the Eleventh. 

The judicial power of the United States shall 
lot be construed to extend to any suit in law or 
equity commenced or prosecuted against one of the 
United States by citizens of another State, or by 
sitizensor subjects of any foreign State. 



174 Amendments to the Constitution* 

Article the Twelfth. 

The electors shall meet in their respective 
States, and vote by ballot for President and Vice 
President, one of whom, at least, shall not be an in- 
habitant of the same State with themselves; they 
shall name in their ballots the person voted for as 
President, and in distinct ballots the person 
voted for as Vice President; and they shall make 
distinct lists of all persons voted for as President, 
and Of all persons voted for as Vice President, 
and of the number of votes for each; which lists 
they shall sign and certify, and transmit sealed to 
the seat of the Government of the United States, 
directed to the President of the Senate; the 
President of the Senate shall, in presence of the 
Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted; 
the person having the greatest number of votes 
for President, shall be the President, if such 
number be a majority of the whole number of 
electors appointed; and if no person have such 
majority, then, from the persons having the high- 
est numbers, not exceeding three, on the 1st of 
those voted for as President, the House of Rep- 
resentatives shall choose, immediately, by ballot, 
the President. But, in choosing the President, 
the votes shall be taken by States, the represen- 
tation from each State having one vote; a quorum 
for this purpose shall consist of a member or 
members from two-thirds of the States, and a ma- 
jority of all the States shall be necessary to a 
choice. And if the House of Representatives 



Amendments to the Constitution. 175 

[shall not choose a President whenever the right of 
[choice shall devolve upon them, before the fourth 
day of March next following, then the Vice 
(President shall act as President, as in the case of 
the death or other constitutional disability of the 
President. 

The person having the greatest number of votes 
as Vice President shall be the Vice President, if 
such number be a majority of the whole number of 
electors appointed; and if no person have a majori- 
ty, then, from the two highest numbers on the list, 
the Senate shall choose the Vice President; a 
quorum for the purpose shall consist of two thirds 
of the whole number of Senators, and a majority of 
the whole number shall be necessary to a choice. 

But no person constitutionally ineligible to the 
office of President, shall be eligible to that of Vice 
President of the United States. 



INDEX 



TO THE 

RULES AND ORDERS 

OF THE 

SENATE OF THE UNITED STATES, 



No. Pass* 
Absence, from the Senate, not allowed without leave 8 182 
Addres'3 of the President, how to be presented !" Joint 

Rule] 
Adhere, effect of a vote in the two Houses to [Joint] 
Adjournment, motion for, has precedence 
Amendments to a resolution to amend the Constitution 
Appeal allowed from the decision of the President 

B 

Bills may be introduced upon one day's notice 

shall be read twice before amendment or reference 
on second reading, considered as in Committee of 

the Whole - - - 

proceedings on, at different stages 
titles of, only, and parts affected by amendments, 

inserted on the Journal 
enrolled, shall be examined [Joint] 

examined, shall be signed by the presiding omcer of 

each House - - - 

signed, to be presented for approval, and report- 
ed [Joint] 
when rejected, each House to be notified " 
passed by one House and rejected in other '« 
adhered to by both Houses, lost " 
cannot be sent by one House to the other, during 
the three last days of the session [Joint] 
Blanks, in filling, what motions have preference 

c 

Chair to be addressed • 

Character of persons nominated to be kept secret 
Commit, motion to, in order at any time before passage 
Committee, standing .... 

12 



11 

15 

11 

13 

6 


183 
195 


25 

£7 


385 
186 


23 
29 


1S7 


ft 

1 


3S7 


8 


182 


10 
15 
13 

15 


]g.3 
183 
183 


n 

13 


183 


3 

59 

33 


1*1 
191 

187 
188 



43 


WI 


2 


131 


4 

25 


181 

185 


42 
41 


191 
1*1 



178 INDEX TO THE 



No. Page 
Communications, confidential, to be kept secret - 38 1£1 
Conference, proceedings of Committee of [Joint] 1 

Consent, bills may be read three times in one day, by 

unanimous - - - - - 29 187 

nominations may be considered on the day re- 
ceived, by unanimous - - .36 18$ 
Constitution, what majority requisite to amend a reso- 
lution proposing amendments to the 
Conversa.'ion among members not allowed during de- 
bate, or while papers are reading 

D 

Debate, no member to speak more than twice in the 

same, in one day, without leave 
Documents to be printed only by special order 

E 

Executive record, extracts from prohibited 
Executive proceedings, to be kept in different books - 

G 

Galleries, whan they shall be cleared - - -18 124 

n 

House, each shall transmit to the other the papers on 
which bills are founded [Joint] 



Journalto be read on a quorum assembling - • 1 181 

further regulations respecting the • - 31 32- 36T 



Liquors* spiritous,none shall be offered for sale with- * 
in the Capitol, or on th e public grounds adja- 
cent thereto [Joint] 7 

M 

Members present, not a quorum, empowered to send 

for absent members' - ... 8 Jgf 
s'lall express assent or dissent by aye or no - 22 185 
Me nber, rules for his govern went during session 3 to 17 181-4 
Manorial or Petition, contents of, shall be stated be- 
fore received and read * * 24 1*5 
co a tents of, to be entered on the Journal - 32 187 
Messages, how announced [Joint] 2^3 
by whom sent [Joint] 4 
Bfdsstmjffirs, when Intro luce.i • . - - 4fi 192 
Motions, regulations respecting - - • 9 to 13 182-3 
privilege I, in reference to Select or Standing 
Co-nnittees - • - - 35 139 



KULTS3 OF THE SENATJ2. 1T9 

No. Page 

Motion to close the galleries, shall be discussed confi- 
dentially 18 184 

to admit persons for the purpose of presenting 

memorial - - - - -19 184 

to reconsider, when and by whom may be made 44 192 

N 

Notice of one day required of an intended motion for 

leave to bring in a bill - - 25 185 

of bills rejected, to be given [Joint] 12 

o 

Orders of the day,specia', not called for before one 

o'clock "of the day, unfinished business has 
preference in - - • - 15 183 

Order, regulations concerning - - . - 6 $ 7 182 

P 

Papers accompanying claims, not to be taken away 

after report of committee thereon - - 50 191 

further restrictions respecting • - ^ 50 194 

Papers and documents not printed without special order 25 183 

Papers relating to bills, to accompany them, [Joint] 14 

Petition, before received, contents to be stated - 24 185 

contents of those presented, entered on Journal 24 385 

Petitions, memorials ^*c, their reference - - 24 185 

Persons, not permitted to present a memorial, ^*c. - 19 164 

President to be first addressed by the speaker - 3 181 

to decide questions of order, #c. • • 5 4* *» 18 r -~2 

may desire to be reduced to writing • • 10 liyz 

to decide on a division - - - 21 18*'' 

decision of, on an equal division, to be taken a- 

by Secretary - . • . 20 184 
may, for a limited time, name a member to 

perform the duty of the chair - ♦ 23 185 
may appoint a chairman, while Senate are 

acting as in committee of the whole - £8 38tJ 
to give notice of the several readings of hills 2G 18i 
to have the regulation of the parts of the 
Capitol appropriated to the Senate - 48 191 
President of the United States to be assigned the Prisi- 
dent's chair, when attending the delibera- 
tions of the Senate 36 189 
Persons, and none others, to be admitted on the floor 

of the Senate - - - - 47 102 

Q 

Question, under debate, when, and by what motions 

superseded - - - - II 183 

may be divided - ♦ * • 13 183 

final, on second reading • - - 20 180 

to be decided, Aye or No 22 183 

Quorum, proceedings when not present - g 18J 



180 INDEX TO V.VVES OF THE SENATE. 



R 

No. Page 
Beading newspapers prohibited, during session - 3 381 

of a paper, called for and objected to, to be de- 
cided by tbe Senate 14 183 
Reconsideration, motion for, may be made by one of 

the majority 20 184 

farther rules concerning • 20 44 184-92 

Reports of Standing Committees 24 185 

Ileporters, rules concerning . • - 20 44 184-92 

ilesolutions, requiring approbation of the President, 
to amend Constitution and grant money 
to re treated as hills 26 186 

further proceedings on - • -26 29 186-87 

further proceedings on passing [Joint] 10 17 

s 

Secrecy, case? wherein it is enjoined • -38 39 191 

Secretary to endorse bills passed, #c. - 45 192 

when Senate is equally divided - 21 185 

Senate, proceedings of, in quasi committee • 33 187 

ceremonial proceedings, when met by the 

President of the United States at any 

other place.than Senate Chamber - S5 189 

relating to the Executive proceedings of 32 to 40 187-91 

shall be cleared of all persons except their 

officers, when acting on « xecutive business 

officers of, when they shall be elected 

r same subject, prohibited 

T 

;c Time, longest, first put • 

treaties, proceedings on .... 
to be kept secret until injunction removed 

u 

Unfinished business has preference in special orders 15 183 
Vice President, or President pro tempore, may ap- 
point a chairman ... 23 185 
Vote, every to be recorded on the journal - - 32 187 
no member allowed to, after decision is announced 17 184 

w 

Words, exceptionable, shall be taken down, when a 

call to order is made by a Senator - 7 182 

Y 

Yeas and Nays, to be called alphabetically . 16 183 
may be required by one-fifth - 16 183 
to be taken without debate - 16 J 183 
after being taken, no member allow- 
ed to enter his vote 17 184 



41 

49 
4 


191 
194 

181 


13 

37 
28 


183 

190 
191 



RULES 

FOR CONDUCTING BUSINESS 



IN 



The Senate of the United States. 



1. The President having taken the chair, and a 
quorum being present, the journal of the preceding 
day shall be read, to the end that any mistake may 
be corrected, that shall be made in the entries. 

2. No member shall speak to another, or other- 
wise interrupt the business of the Senate, or read 
any newspaper, while the journals or public pa- 
pers are reading; or when any member is speaking 
in any debate. 

3. Every member when he speaks, shall ad- 
dress the chair, standing in his place, and, when 
he has finished, sit down. 

4. No member shall speak more than twice, in 
any one debate, on the same day, without leave of 
the Senate. 

5. When two members rise at the game time, 
the President shall name the person to speak; but 
in all cases the member who shall first rise and ad- 
dress the chair, shall speak first. 



182 RULES OF THE SENAfE. 

6. When a member shall be called to order, Ly 
the President or a Senator, he shall sit down; and 
every question out of order shall be decided by the 
President without debate, subject to an appeal to 
the Senate; and the President may call for the 
sense of the Senate on any question of order. 

7. If the member be called to ot derby a Sena- 
tor for words spoken, the exceptionable words 
shall immediately be taken down in writing, that 
the President may be better enabled to judge of 
the matter. 

8. No member shall absent himself from the 
service of the Senate, without leave of the Senate 
first obtained. And, in case a less r.umLer than a 
quotum of the Senate shall convene, they ate here- 
by authorized to send (he Sergeant-at-Arms, or any 
other person or persons by them authorized, for 
any or all absent members, as the majority of such 
members present shall agree, at the expense of 
such absent members, respectively, unlets such 
excuse for non-attendance shall . be made rs the 
Senate, when a quorum is convened, shall judge 
sufficient; and, in that case, the expense shall be 
paid out of the contingent fund. And this rule 
shall apply as well to the first convention of the 
Senate, at the legal time of meeting, as to each 
day of the session, after the hour has arrived to 
which the Senate stood adjourned. 

9. No motion shall be debated until the same 
shall be seconded. 

10. When a motion shall be made and second- 
ed, it shall be reduced to writing, if desired by the 



RULES OF THE SENATE. 183 

President, or any member, delivered in at the table, 
and read, before the same shall be debated. 

11. When a question is under debate, no mo- 
tion shall be received but to adjourn, to lie on the 
table, to postpone indefinitely, to postpone to a 
day certain, to commit, or to amend; which several 
motions shall have precedence in the order they 
stand arranged, and the motion for adjournment 
shall always be in crder; and be decided without 
debate. 

12. If the question in debate contain several 
points, any member may have the same divided; 
but, on a motion to strike out and insert, it shall 
not be in order to move for a division of the ques- 
tion; but the rejection of a motion to strike out 
and insert one proposition shall not prevent a 
mo:ion to strike out and insert a different propo- 
sition; nor prevent a subsequent motion, simply 
to strike out; nor shall the rejection of a motion 
simply to strike out, prevent a subsequent mo- 
tion to strike out and insert. 

13. -In rilling up blanks, the largest sum and 
longest time shall be first put. 

14. When the reading of a paper is first call- 
ed fur, and the same is objected to by any mem- 
ber, it shall be determined by a vote of the Sen- 
ate, and without debate. 

15. The unfinished business in which the Sen- 
ate was engaged at the last preceding adjournment, 
shall have the preference in the special orders of 
the day. 

16. When the yeas and nays shall be called 
for by one fifth of the members present, each mem- 



184 RULES OF THE SENATE 

ber called upon shall, unless for special reason he 
be excused by the Senate, declare, openly and with- 
out debate, his assent or dissent to the question. 
In taking the yeas and nays, and upon the call of 
the House, the names of the members shall be ta- 
ken alphabetically. 

17. When the yeas and nays shall be taken 
upon any question, in persuance of the above rule, 
no member shall be permitted, under any circum- 
stances whatever, to vote after the decision is an- 
nounced from the chair. 

18. On a motion made and seconded to shut 
the doors of the Senate, on the discussion of any 
business which may, in the opinion of a member, 
require secrecy, the President shall direct the 
gallery to be cleared; and, during the discussion of 
such moion, the doors shall remain shut. 

19. No motion shall be deemed in order to ad- 
mit any person or persons whatsoever within the 
doors of the Senate chamber to present any peti- 
tion, memorial, or address or to hear any such 
read. 

20. When a question has been once made and 
carried in the affirmative or negative, it shall be 
in order for any member of the majority to move 
for the re-consideration thereof; but no motion for 
the reconsideration of any vote shall be in order 
after a bill, resolution, message, report, amendment 
or motion, upon which the vote was taken, shall 
have gone out of the possession of the Senate, 
announcing their decission; nor shall any motion 
for re-consideration be in order, unless made on the 
same day on which the vote was taken, or witniu 



RULES OF THE SENATE. 185 

the two next days of actual session of the Senate 
thereafter. 

21. When the Senate are equally divided, the 
Secretary shall take the decision of the Presdent. 

22. All questions shall be put by the President 
of the Senate, either in the presence or absence of 
the President of the United States, and the Sena- 
tors shall signify their assent or dissent, by an- 
swering, ay or no. 

23. The Vice President, or President of the 
Senate pro tempore, shall have the right to name 
a member to perform the duties of the chair; but 
such substitution shall not extend beyond an ad- 
journment. 

24. After the journal is read, the President 
shall first call for peiitions, and then for repoits 
from standing committees; ar.d every petit on or 
memorial, or other paper, shall be referred of 
course, without putting a question for that pur- 
pose, unless the reference is objected to by a mem- 
ber at the time such peftion, memorial, or other 
paper, is presented. And before any petition or 
memorial, addressed to the Senate, shall be receiv- 
ed and read at the table, whether the same shall 
be introduced by the Piesident or a member, a 
brief statement of the contents of the petition or 
memorial sha'l verbally be made by the introducer. 

25. One day's notice, at least, shall be given 
of an intended motion for leave to bring in a bill; 
and all bills reported by a committee shall, after 
the first reading, be printed for the use of the Seri- 
ate; but no other paper or document shall be print- 
ed fur the use of the Senate, without special order. 



180 RULES OF THE SENATE. 

26. Every bill shall receive three readings 
previous to Us being passed; and the President 
shall give notice at each, whether it be the first, 
second, or third; which reading shall be on three 
different d;:ys, unless the Senate unanimously di- 
rect otherwise. And all resolutions proposing 
amendments to the Consti'ution, or to which the 
approbation and signature of the President may be 
requisite, or which may grant money out of the 
contingent, or any other fund, shall be treated in 
all respects, in the introduction and form of pro- 
ceedings on them, in the Senate, in a similar man- 
ner with bill?; and all other resolutions shall lie 
on the table one day for consideration, and also re- 
ports of committees. 

27. No bill shall be committed or amended un- 
til it sha'l have been twice read, after which it 
may be referred to a committee. 

28. All bills on a second reading shall first Le 
considered by the Senate in the same manner as if 
the Senate were in committee of the whole, Lefere 
they shall be taken up and proceeded en by the 
Senate agieeably to the standing rules, unless 
otherwise ordered. And when the Senate shall 
consider a treaty, bill, or resolution, as in commit- 
tee of the whole, the Vice President, or President 
pro tempore, may call a member to-fiil the chair, 
during the time the Senate shall remain in com* 
mitteeofthe whole; and the chairman so ealled 
shall, during such time, have the power ofa Pre- 
sident pro tempore. 

29. The final question, upon the second reading 
of every bill, resolution, constitutional amend- 



RtJLES or the senAte\ 187 

ment, or motion, originating in the Senate, and re- 
quiring three readings previous to being passed, 
shall be, u Whether it shall be engrossed and read 
a third time?" and no amendment shall be receiv- 
ed for discussion at the third reading of any bill, 
resolution, amendment, or motion, unless by unan- 
imous consent of the members present; but it shall 
at all times be in order, before the final passage of 
any such bill, resolution, constitu'ional* amend- 
ment, or motion, to move its commitment; and, 
should such commitment take place, and any 
amendment be reported by the committee, the said 
biil, resolution, constitutional amendment, or mo- 
tion, sh ill be again read a second time, and con- 
sidered as in committee of the whole, and then the 
afo esaid question shall be again put 

30. The special orders of the day shall not be 
called by the chair before one o'clock, unless other- 
wise directed by the Senate. 

31. The titles of bills, and such parls thereof 
only as sha'l be affected by proposed amendments, 
shall be inserted on the journals. 

32. The proceedings of the Senate, when not 
acting as in committee of the whole, shall be en- 
tered on the journal as concisely as possible, care 
being taken to detail a true and accurate account 
of the proceedings; but every vote of the Senate 
shall be entered on the journal, and a brief state- 
ment of the contents of each petition, memorial or 
paper, presented to the Senate, shall also be inser- 
ted on the journal. 

33. The following Standing committees, to 
consist of five members each, shall be appointed at 



188 RULES OF THE SENATE. 

the commencement of each session, with leave to 
report by bill or otherwise. 

A Committee on Foreign Relations, 

A Committee on Finance, 

A Committee on Commerce, 

A Committee on Manufactures, 

A Committee on Agriculture, 

A Committee on Military Affairs, 

A Committee on the Militia, 

A Committee on Naval Affairs, 

A Committee on Public Lands, 

A Committee on Private Land Claims, 

A Committee on Indian Affairs, 

A Committee of Claims, 

A Committee on Revolutionary Claims, 

A Committee on the Judiciary, 

A Committee on the Post Office and Pt. Roads, 

A Committee on Roads and Canals, 

A Committee on Pensions, 

A Committee on Patents and the Patent Office, 

A Commttee on the District of Columbia, 

A Committee of three members, whose duty it 
shall be to audit and control the contingent expen- 
ses of the Senate, 

A Committee on Public Buildings, to consist of 
three members, to act jointly with the same com- 
mittee of the House of Representatives, 

A Committee on Printing, to consist of three 
members, 

A Committee on Retrenchment, of five mem- 
bers, 

And a Committee consisting of three members, 
Whose dutv it shall be to examine all bills, amend* 



RULES OF THE SENATE. 189 

ments, resolutions, or motions, before ihey go out 
of possession of ihe Senate, and shall deliver the 
same to the Secretary of the Senate, who shall en- 
ter upon the journal that the same has been cor- 
rectly engrossed. 

34. In the appointment of the Standing Com- 
mittees, the Senate will proceed, by ballot, seve- 
rally, to appoint the chairman of each committee, 
and then by one ballot, the other members neces- 
sary to complete the same; and a majority of the 
whole number of votes given shall be necessary to 
the choice of the chairman of a Standing Commu- 
te?. All other committees shall be appointed by 
ballot, and a plurality of votes shall make achoice, 
When any subject or matter shall have been refer- 
red to a committee, any other subject or matter of 
a similar nature may, on motion, be referred to 
such committee. 

35. When motions are made for reference of 
the same subject to a select committee, and to a 
standing committee, the question on reference to 
the standing committee shall be first put. 

36. When nominations shall be made in writ- 
ing by the President of the United States to the 
Senate, a future day shall be assigned, unless the 
Senate unanimously direct otherwise, for taking 
them into consideration. When the President of 
the United States shall meet the Senate in the 
Senate Chamber, the President of the Senate shall 
have a chair on the floor, be considered as the hea i 
of the Senate, and his chair shall be assigned tc 
the President of the United States. When tha 
Senate shall be convened by the President of thcj 



190 RULES OF THE SENATE. 

United States to any other place, the President of 
the Senate and Senators shall attend at the place 
appointed. The Sjcretary of the Senate shall 
also attend to take the minutes of the Sena'e. 

37. Whenever a treaty shall be laid before the 
Senate for ratification, it shall be read a first t'me 
for information only; when no motion to reject, 
ratify, or modify, the whole, or any part, shall be 
received. Its second reading shall be for conside- 
ration and on a subsequent day: when it shall be 
taken up as in committee of the whole, and every 
one shall be free to move a question on any parti- 
cular article, in this form: "Will the Senate ad- 
vise and consent to the ratification of this article?" 
or to propose amendments thereto, either by in- 
serting or by leaving out words; in which last case, 
the question shall be, "Shall these words stand as 
part of the article?" And in every of the said 
cases, the concurrence of two-thirds of the Sen- 
aors present shall be requisi'e to decide affirma- 
tively. And when through the whole, the pro- 
ceedings shall be stated to the House, and ques- 
tions shall be again severally put thereon for con- 
firmation, or new ones proposed, requiring, in like 
manner, a concurrence of two thirds, for whatever 
is re;ained or inserted; the votes so confirmed shall, 
by the House, or a committee thereof, be reduced 
into the form of aratlficaiion, with or without mo- 
difications, as may have been decided, and shall 
be proposed on a subsequent day, when every one 
shall again be free to move amendments, either by 
inserting or leaving out words; in which last case, 
the question shall be, "Shall these words stand as 



RULES OF THE SENATE. 191 

part of the resolution?" And, in both cases, the 
concurrence of two-thirds shall be requisite to 
carry the affirmative, as well as, on the final ques- 
tion, to advise and consent to the ratification in 
the form agreed to. 

38. All confidential communications, made by 
the President of the United States to the Senate, 
shall be by the members thereof kept secret; and 
a!l treaties which may be laid before the Senate 
sh ill also be kept secret, until the Senate shall, by 
their resolution, take off the injunction of secrecy. 

39. All information or remarks, touching or 
concerning the character or qualifications cf any 
person nominated by the Presdent to office, shall 
be kept secret. 

40. When acting on confidential or executive 
business, the Senate shall be cleared of all per- 
sons, except the Secretary, the Principal or the 
Executive Cle^k, the Sergeant-at-Arms, and Door- 
keeper, and the Assistant Doorkeeper. 

41. The legislative proceedings, the executive 
proceedings, and the confidential legislative pro- 
ceedings, of the Senate, shall be kept in separate 
aid distinct books. 

42. The President of the United States shall, 
from time to time, be furnished with an authenti- 
cated tran>cr'pt of the executive records of the 
Senate; and all nominations approved, or defini- 
tively acted on by the Senate, shall be returned by 
the Secretary from day today, as such proceed- 
ings may occur; but no further extract from the 
executive journal shall be furnished except by spe- 
cial order j and no paper, except original treaties, 



192 RULES OF THE SENATE* 

transmitted to the Senate by the President cf the 
United Slates, or any executive officer, shall be re- 
turned or delivered fiom the office of the Secreta- 
ry, without an order of the Senate for that pur- 
pose. 

43. When an amendment to be proposed to 
the Constitution is under consideration, the con- 
currence of two-thirds of the members present shall 
not be requisite to decide any question for amend- 
ments or extending to the merits, being short of 
the final question. 

44. When any question may have been decid- 
ed by the Senate, in which two-thirds of the mem- 
bers present are necessary to carry the affirmative, 
any member who votes on that side which pre- 
vailed in the question, may be at liberty to vole 
for a reconsideration; and a motion for reconside- 
ration shall be decided by a majority of votes. 

45. Messages shall be sent to the House of 
Representatives by the Secretary, who shall pre- 
viously endorse the final determination oftheSen- 
ate thereon. 

46. Messengers are introduced in any state of 
business, except while a question is putting, while 
the yeas and nays are calling, or while the ballots 
are counting. 

47. The following persons and none others 
shall be admitted on the floor of the Senate: Mem- 
bers of the House of Representatives and their 
Clerk; the Secretary of Slate, the Secretary of the 
Treasury, the Secretary of War, the Secretary of 
the Navy, the Attorney General, and the Postmas- 
ter General; the Private Secretary of the Presi- 



RULES OF THE SENATE. 193 

dent, Chaplains to Congress, Judges of the United 
States, Foreign Ministers and their Secretaries- 
Officers who, by name, have received or shall 
hereafter receive the thanks of Congress for their 
gallantry and good conduct in the service of their 
country, or who have received medals by a vote of 
Congress; the Governor, for the time being, of any 
Slate or Territory of the Union; the Ex Governors 
of the several States; such gentlemen as have been 
Heads of Departments, or members cf either 
branch of Congress; persons who, for the time be- 
ing, belong to the respective State and Territorial 
"Legislatures; and persons belonging to such Le- 
g : slatures of Foreign Governments as are in amity 
with the United States. 

July 8, 1841. Resolved, That so much of he 4?th Rule of the 
Senate as admits Reporters on the floor of the Senate, be rescind- 
ed; and that the Secretary cause suitable accommodations to be 
prepared in the Eastern Gallery, for such Reporters as may be ad- 
mitted by the Rules of the Senate. 

The report of the committee having left the arrangement of the 
Reporters under the superintendence of the Presiding officer of the 
Senate — 

Let the following Rules be adopted: 

1. None are to be admitted within the Reporters' rail, who are 
not really and bona fide Reporters, to be so certified by the Editors 
of the papers for which they report. 

2. The Editors of the daily papers in Washington, are to have 
two Reporters. If they issue a tri-weekly, this will not entitle 
them to an additional Reporter. 

3. A tri-weekly in Washington is to have one Reporter. 

4. No paper out of Washington is to be entitled to more than 
one Reporter. 

5. The desks will be numbered from 1 to 10. 

6. The numbers will be drawn for. And, if the paper is enti^ 
tied to two Reporters, they will occupy the desk adjoining, in addi- 
tion to the one they draw. 

7. After the numbers are decided, let a certificate signed by the 
Sergeant-at-Arnis of the Senate, be given, thus:— 

"No. Reporter's Desk, 

Admit the Reporter for — " 

13 



1&4 UTILES OP THE SENATE. 

If any Editors employ more than, ope Reporter, they can, in this, 
mode, change as often as they see fit. 

Thes-j regulations have been submitted to r and approved by, the. 
committee appointed on the conduct of Reporters. 

SAML. L. SOUTHARD, President, #c. 

Senate Chamber, 24th July, 1841. 

48. The presiding officer of the Senate shall 
have the regulation of such parts of the Capitol and 
of its passages, as are or may be set apart for the 
Senate, and its officers. 

40. The Sacretary of the Senate, the Sergeant- 
at-Arms, and Doorkeeper, and the Assistant Door* 
peeper, shall be chosen on. the second Monday of 
the first session, of the 21st Congress, and on the 
same day of the first session of every succeeding. 
Congress. 

50. Whenever a claim. is presented to the Sen- 
ate and referred to a committee, and the commit- 
tee report tha.t the claim ought not to be allowed, 
and the report be adopted by the Senate, it shall 
not be in order to move ta take true, papers, from the 
files for the purpose of referring them at a subse- 
quent session, unless the claimant shall present a 
memorial for that purpose, stating in what respect 
the committee have erre 1 in. their report, or thaj 
new evidence had been- discovered si nee the report 
and setting forth the new evidence in. the momo- 
Iri il. 



INDEX 



TO THE 

RULES AND ORDERS 

OF THE 

HOUSE OF REPRESENTATIVE^ 
AND TO THE JOINT RULES. 



No. Pase- 

Abolition petitions, rule respecting . . .21 210 
Absent members, their attendance- may be compelled 

by fifteen members . . 57 219' 
Absent, no member shall be allowed to be, unless on 

leave . . . . . 60 219 

Absentees at a call, proceedings against . .61 62 219 

Acts and addresses, signed by the Speaker . /? 14 206 
Address to the President, how to be presented (Joint 

Rule) . < . 11 207 

Adhere, effect of a vote in the two Houses to (Joint) 16 208 
Adjourn, motion to, always in order, but not to be 

debated j . . 43 215. 
hour to be entered . . - 44 216 
Amend, order of motion to : i i 41 215 
Amendment, not to be admitted', if on a subject dif- 
ferent from tha^ under consideration . 50 217 
Amendments to engrossed bills, by way of rider, not 

permitted * . . . 115; 232' 
to engrossed bills* to be kept on sepa- 
rate paper- : . ; 116 233 
to original motions,, in, Conunittee of 

the Whole- . ; . .120. 233 
to bills and resolutions, cannot be 50 217 
to rules, proposition- e*f . '■■ 127 234 
to reports in Cemmittee of the Whole 121 233 
to bills on which the two Houses dis- 
agree, conference upon (Joint) 1 205, 
of Senate, to bills, when considered . 24 2XX 



No. 


Page 


o 


205 


3 29 


213 


46 


210 


74 


223 


75 


ib. 



198 IKBEX TO UTILES OF THE 



Appeals, how made and debated . : t 

proceedings in cases of, for transgressing rules 29 
not debated on previous question . 
Appropriation bills to be reported within 30 days 
to have preference in order of day 
appropriations not authorized by law, 
notlobemade ... 76 ib< 

.Appropriations for treaties not to be included in bills 
making appropriations for other ob- 
jects . . . . 73 222 
Appropriations to be first discussed in Committee of 

the Whole . . .325 234 

B 

Ballot for committees ... * 

in other cases . . . . * 

Ballots, blank, not. counted : 

no person to look on when tellers are counting 34 
Bar, no member to vote unless within the 
Bills on the table, when to be taken up and disposed of 
private to bave precedence on Fridays and Satur- 
urdays ..... 

rejected, if enacting words be stricken out 
cannot be amended by adding other bills 
proceedings on bills to introduce 
how to be introduced or reported 
making appropriations, to be reported 
within 20 days . 
to be first discussed in Commit- 
tee of the Whole 
the several readings of ... 

if opposed on the first reading, question to reject 
to be put, <$*c. . . . . . 

how to be disposed of, on second reading 

sot more than three to be committed to the 

same Committee of the Whole 
may be committed at any time before passage 
amendments to Senate, when considered 
from the Hena'p, when to he read and disposed of 
not to be amended on third reading by rider 
when passed to be certified by clerk . : 

[in Committee of the Whole] how to be taken up; 
not to be interlined; amendments to, how to be 
kept and reported; and, after report, may be 
again debated and amended 
passed in one House and lost in the other, notice 
to be given of [Joint] 

passed in one House and lost in the other, how 
they may be renewed [Joint] 

when sent from one Elouse to the other, to be ac- 
companied by the papers on which they are 
founded [Joint] 14 219 



7 


206 


8 


207 


8 


207 


g 34 


214 


35 


214 


24 


211 


26 


212 


41 


215 


50 


217 


108 


231 


108 


231 


74 


223 


125 


234 


109 


231 


110 


232 


111 


ib. 


112 


ib. 


113 


ib. 


24 


211 


24 


2U 


115 


232 


11G 


233 


119 


233 


12 


207 


13 


207 



17 


242 


18 


ib. 


122 


233 


8 


se? 


19 


set 


) 24 


ECS 


127 


234 


107 


231 


20 


20§ 


24 


211 


133 


236 



K3USE OF REPRESENTATIVES. 197 

No. Page 
Sills not to be sent from one House to the other for 
concurrence on the last three days of the ses- 
sion [Joint] 16 241 
not to be presented to President on the last day of 

a session [Joint] 

joint rule relative to printing of 
Blanks, rule respecting the filling ef 
Blank ballots, not to be counted 

Business, unfinished at first, to be resumed at seeond 
session of Congress ; 

daily order ef . . * 20 22 5 

order of, changed or postponed 
no debate on priority of 
Business on the table, when to be taken up and dis- 
posed of 
Business on the Speaker's table, mode of disposing of 

lis£ to be made of 
private, to have preference on Fiidavs and 

Saturdays 26 2i£ 

c 

Calls on Bepartmentsfor information, rule relating to 
Call of the House, names called alphabetically . 53 21§ 

in order, prior to second or previous 

question, but not after . . 45 21€ 

Speaker and fifteen members mny 
compel attendance of absent mem- 
bers i . . i 57 219 
Capitol, unappropriated rooms in . * . 138 237 
no spirits to be brought within or about [Joint] 19 242 
■Chair, Speaker may substitute a member to take the 6 206 
Clerk to cause resolutions to be delivered to the Pre- 
sident, #c. . . - . . 56 218 
to take an oath to act faithfully andtenure-of 

appointment, <$$-c. - . * .18 209 

to make a list of reports to be made by public 

officers to Congress . . .103 230. 

to forward the Journals to the Governors of 

the States . ; . . . 104 220 

to make weekly a list of business on Speakers 
table ... ... 

to cause Journal to be completed and distributed 132 
to furnish members with bound documents 
to cause the laws to be indexed 
to note the questions of order . < 

to attest legal acts signed by the Speaker 
to retain certain books in the office library : 
to provide for the care and preservation of 
the public stable .... 

Clerks to Committees, House must order employ 
Eiertf of * 



135 


236 


132 


236 


134 


236 


136 


236 


105 


231 


12 


207 


133 


236 


137 


236 


140 


237 



103 INDEX TO RULES OF THE 

No. Page 

Commit or amend, order of motions . I 41 215 

Committees, how to be appointed ... 7 206 

or order in which they shall be called 

reports .... 22 210 

Committees, a member may, in a certain case, be 

excused from serving on : . 59 219 

precedence for, in motions for reference 42 215 
appointments of standing, duties^ #c: 
(See Committees) * . . 81 to 98 224 

Committees on Expenditures, appointment and du- 
ties of the six . 99 100 229 
Committees, Standing, may report by bill i 101 230 
not to sit during session of House * 102 230 
not to employ clerks . . 140 2-37 
Committee of the whole on the Union, a standing 

order of the day . . , 117 233 

Committee of the whole, how formed . : 119 233 

how to proceed in cases of bills ? 119 233 

how to leport amendments to original 

motions . . : . 120 233 

how to report amendments to report . 121 233 
rules of t be House to be observed . 126 234 

must first entertain all motions for laying 
or increasing taxes . . 123 124 234 

appropriations must be first discussed in 125 234 
Committee on Enrolled Bills, appointment and du- 
ties of [Joint] 7 240 
to report at any time • 128 235 
Commitment of motions and reports to be at the 

pleasure of the House : . 49 217 

when different committees are proposed, 
their order - . . .42 215 

Conference on disagreeing votes of the two Houses, 

rule respecting (Joint) 1 239 

Confidential communications or proceedings, rules 
upon - 
Sergeant-at Arms sworn to secresy 
Doorkeepers sworn to secresy : : 

Consideration, questions of 
Conversation, (private) not to be entertained while 

a member is speaking * . 34 214 

D 

Debate, for the preservation of order and decorum 

in 28 29 30 

on appeals, limited nature of . * 

on appeals in calls to order prohibited » 
prohibited on motions to adjourn 
prohibited on motions to lie on the table 
prohibited to speak more than once or twice 
prohibited on petitions and other papers on 

day of presentation . . . 

to be precluded by the previous question i 



165 


231 


67 


220 


69 


221 


5 


206 



30 


212 


2 


203 


29 


213 


43 


215 


43 


215 


32 


213 


55 


218 


46 


215 



No. 


Page 


48 


236 


4 


205 


33 


207 


17 


209 


TB 


207 


10 


207 


11 


207 


24 


211 


128 


235 



HOUSE OF REPRESENTATIVES. 199 



Division of question, when and how allowed 
Division of the House, how made and decided 
Disorder of the Gallery, remedy for 
Doorkeepers required to execute rules strictly 

E 

Elections, how to be conducted 

previous nomination necessary 
votes to be viva voce 
Engrossed bills, when to be read a :hird time 
Enrolled Bills, committee on, may report at any time 
to be exameded by committee) 
provision for appointment of > [Joint] 7 240 
tl;e Committee on ) 

to be signed by the presiding officers of 

the two Houses [Joint] 8 240 

how to be presented to the President, 

and the time to be noted [Joint] 9 240 

Executive communications, when to be read - 24 211 

Excused from voting, rule relating to being - 37 2J-4 

F 

Fees, in cases of calls of the House, payment by 

members - - - - - " 62 219 

of Sergeaci-at-Arms - - . - 64 220 

G 

Galleries maybe cleared in cases of disorder - 13 207 

H 

Hall to be under direction of Speaker 

persons who may be admitted within the 
Hats oif during session of House 



interested, members not to Vo f e when 

Indefinitely, questions not to be resumed which are 
postponed 

Information, calls on the President and Depart- 
ments for • . 

Insert and strike out, questions indivisible 

Index to laws to be made - 



Jefferson's Manual to govern in certain cases • 129 235 
Joint resolutions, or propositions requiring the con- 
tent of the Senate, to te laid on the ta- 
ble one day .... 
signed by the Speaker 
Journal, reading of ...» - 




14 
34 


206 
208 
£14 


35 


214 


47 


216 


56 

48 
126 


238 
236 
22« 



54 


218 


12 


207 


J 


205 



200 INDEX TO RULES OF THE 



No, Page 
Journal lobe examined by the Speaker - - 6 2*. 6 

to be printed and distributed within thirty 
days after the adjournment - - 13.2 138 



Laws to be signed by the Speaker 

Lie on the table, precedence of a motion to 

no debate allowed on a motion to 
Lie on the table one day, nil matters requiring the 
currence of the Senate to 
all resolutions calling on Executive 
officers for information, shall 
Lobby may be cleared in cases of disorder 

M 

Memorials, when to be presented 

rules to be observed on the presentation of 
Members not to vote, "when interested 

to be furnished with extra set of documents 
to sit uncovered 

their names to be called alphabetically 
to be paid by Sergeant at-arms 
Messages between the two Houses, how to be an- 
nounced and delivered [Joint] 
by whom to be sent [Joint] 
Messages from Senate, when considered 
Messages from President, when read 
Milage, duty of Committee on - 
Motions, to be stated by Speaker or read by Clerk 
if desired, shall be reduced to writing - 
when to be considered as in possession of 

the House • 

precedence and order of certain 
may be committed at p'easure 
when they maybe withdrawn 

N 

Nominations, cases in which it shall be necessary 10 20" 

o 

Order, proceedings in cases of calls to 
Speaker to decide questions of 
Speaker to make calls to 
Clerk to note questions of 
questions of, arising after previous question, 
aq debate - 46 216 



12 


2(7 


41 


215 


43 


ib. 


54 


216 


56 


218 


13 


207 


129 


235 


55 


218 


35 


214 


134 


236 


34 


214 


58 


219 


65 


220 


2, 3 


239 


4 


239 


24 


211 


24 


ib. 


98 


228 


39 


215 


49 


217 


41 42 


215 


49 


217 


-10 


215 



) SO 


213 


o 


205 


£9 


213 


1(6 


fc31 



HOUSE OF REPRESENTATIVES. 



201 



Order of business of the session 
of ihe day 

postponed or changed 
Order for calling for petitions 

for reports of committees 
Orders of the da}', when to be called 

may he moved pending consideration 
or discussion of reports and resolu- 
tions .... 



No. 


Paga 


19 


209 


22 23 24 25 


209 


127 


234 


20 


209 


22 


210 


24 


211 



24 



ib. 



Petitions, when they may he presented 

rules to he observed on the presentation of 
on shivery - - - 

Personality in debate to be avoided 
Postmaster General, calls for information from - 
Postponed indefinitely, effect of question which is 
Postpone to day certain, order of motion 

or change order of business 
President, rules in calling for information from the 
manner of presenting bills and resolu- 
tions to the [Joint] 
manner of presenting addresses to [Joint] 
Printing of hills, joint rules relating to [Joint] 
Printing, motion for extra numbers to lie one day 
Privileged characters, to come within the Hall, named 
rules respecting to be strictly executed 

Q 

Questions, manner of putting 

Quorum, 15 members may compel attendance of a 

R 

Reading a paper, if objected to, rule respecting 
Reconsider, rules respecting moiions to 
Reference, order and precedence of motions of 
Reporters, rules respecting 15 

Reports may be committed at pleasure 
Reports of committees, when to be made - 
Resolutions, when they may he submitted, 8;c. - 22 
every alternate Monday set aside for 
requiring assent of the Senate, to be laid 

on the table, one day before acting on 
orders, votes, ^-c, requiring the Presi- 
dent's approbation, shall be signed 
and presented, as in cases of bills, 

[Joint] 10 

passed by one House and lost in tlie 
other, notice to be given [Joint] 12 

Ru!es ? how to be amended, rescinded or suspended 127 



20 


209 


55 


218 


21 


210 


28 


212 


56 


218 


47 


216 


41 


215 


127 


234 


56 


218 


9 


240 


11 


241 


18 


242 


56 


218 


14 


206 


17 


209 


4 


205 


57 


219 


52 


217 


51 


-ib. 


42 


215 


16 


2G8 


49 


217 


22 


210 


23 


ib. 


23 


ib. 



54 213 



241 

ib. 
224 



202 INDEX TO RULES OF THE 



s 



No. Page 



Secrecy, rule relating to - - *» - 1C6 
Senate, all orders to be laid on the table one day, 

which require the assent of the • 54 

bills and resolutions, when to be read - 24 

consider messages from ... 24 

messages to and from [Joint] 5 6 

Sergeant -at- Arms, to be appointed, and duties cf the 63 

to give bond * - -" €6 

to be sworn to secrecy • . 67 

■Slavery 'petitions, rule respecting 21 

Speaker to ta<ke the -chair at the hour of meeting 1 

to have preference in speaking to order - 2 

to rise to put a question • « - h 3 

to decide questions of order 2 

to examine the Journal . 2 

to have direction over the Hall • * 6 

to appoint committees - 

to name member who is to speak - • 31 

to call members to order 29 

to have direction over unappropriated rooms 128 

may substitute a member in bis place • 6 

cases in which he shall or may vote - 9 

to sign acts, addresses, writs, subpctnas, SfC 12 

Divine service not to be performed in the 

Hall, unless by the consent of the Speaker 136 235 

Speaker's table, mode of disposing of bbsiness on 24 211 

Speaking, rules to be observed in the House 28 to 38 212 

in Committee of the Whole 12C 234 

private discourse not to be entertained, 

nor is any person to pass between the Chair 

and a member who is - - • 34 214 
Spirits, not to be brought within or about the Capi- 
tol [Joint] 19 242 
Speak, Speaker to designate the member first to • 31 213 
Substitute, for a proposition, rule respecting a • 50 217 

T 

Taxes or duties, respecting the imposition of • 123 124 234 

Tellers may be appointed to count, in certain cases 4 205 

u 

Uncovered, member to sit 34 214 

Unfinished business to have precedence, $c» • 53 217 

v 

Vote, no member to vote when interested, or with* 

out the bar - - - - • 35 214 

every member present shall, unless excused 37 214 



fiOUSE OF REPRESENTATIVES. 



203 



Vote to be given viva voce 

Voting, manner of .... 

who are to be excluded from 

if a member requests to_vote> he is to be in- 
terrogated by Speaker* - 
Viva voce, elections to be by 

w 

Witnessss, how to be subpoenaed 
rule for compensating 
Withdrawal of motions, rule respecting the 
Writing, motions to be redueed to - 
W 7 ords excepted to, to be reduced to writing 



Yeas and Nays, when calling, no one to go near 
the table 
to be taken alphabetically - 



No. 

11 

4 

35 36 


Page 
207 
203 
214 


in* 

135 
11 


236 
207 


12 
131 
49 
39 
30 


207 
235 
217 
215 
213 


ear 

35 

53 


214 
219 



STANDING RULES AND ORDERS 

FOR 

CONDUCTING BUSINESS 

IN THE 

HOUSE OF REPRESENTATIVES OF THE 
UNITED STATES. 



TOUCHING THE DUTY OF THE SPEAKEK. 

1. He shall take the chair every day precisely 
at the hour to which the House shall have adjourn- 
ed on the preceding day; shall immediately call 
the members to order; and on the appearance of a 
quorum, shall cause the Journal of the preceding 
day to be read. 

2. He shall preserve order nnd decorum; may 
Fpeak to points of order in preference to other 
members, rising from his seat for that purpose; 
and shall decide questions of order, subject to an 
appeal to the House. 

3. He shall rise to put a question, but may 
state it sitting. 

4. Questions shall be distinctly put in this 
form, to wit: "As many as are of opinion that (as 
the question may be) say <fly" and, after the af- 
firmative voice is expressed, H As many as are of 



2®& RULES OF THE HOUSE* 

the contrary opinion say No.'* If the Speaker 
doubt, or a division be called fur, the House shall 
divide: those in the affirmative of the question 
shall first rise from their seats, and afterwards 
those in the negative. If the Speaker still doubt, 
or a count be required, the Speaker shall name two 
members, one from each side, to tell the members 
in the affirmative; which, being reported, he shall 
then name two others, one from each side, to tell 
those in the negative; which being also reported, 
he sha'l rise and state the decision of the House, 
No division and count of the House by leliers 
shall be in order, but upon motion seconded by at 
least one fifth of a quorum of the members. 

5. When aay motion or proposition is made, 
the question, "Will the House now consider it?" 
shall not be put, unless it is demanded by some 
member, or is deemed necessary by the Speaker* 

6. The Speaker shall examine and correct the 
Journal before it is read. H& shall have a general 
direction of the Halh He shall have a right to 
name any member to perform the duties of the 
chair, but such substitution shall not extend be- 
yond an adjournment. 

7. AIL committees slnll ba appointed by the 
Speaker, unless otherwise specially directed by 
the House, in which case they shall be appointed 
by ballot; andif, upon such ballot, the number re- 
quired shall not be elected by a majority of the 
vo'es given, the House shall proceed to a second 
ballot, in which a plurality of votes shall prevail; 
and, in case a greater number than is required to- 
compos^ or complete a. committee shall have an, 



RUi.ES OF THE HOUSE. 207 

equal number of votes, the House shall proceed to 
a further ballot op ballots 

8." In all other cases of ballot than for commit-, 
tees, a majority of the votes given shall be neces- 
sary to an election.; and where there shall not be 
such a majority on the first ballot, the ballot shall 
be repeated until a majority be obtained. And m 
all ballotings, blanks shall be rejected, and not ta-. 
ken into the count in the enumeration of votes, or 
reported by the tellers. 

9. In all cases of election by the House^ the. 
Speaker shall vote; in other cases he shall not vote,, 
unless the House be equally divided, or unless his 
vo*e, if given to the minority, will make the divi- 
sion equal; and, in case of such equal division, the 
question shall be lost. 

10. In all cases where other than members of 
the House may be eligible to an office by the elec^ 
tion of the House, there shall be a previous nomir 
nation. 

1 1. In all cases of elect'on by the House, of its, 
officers; the vote shall be taken viva voce. (De- 
cember 10, 1839.) 

1£. A'l acts, addresses, and joint resolutions, 
shall be signed by the Speaker;- and all writs, war- 
rants., and subpoenas, issued by order of the House, 
shall be under his hand and seal, attested by the 
Clerk. 

13?. In case of any disturbance or disorderly 
conduct m the galleries, or lobby, the Speaker (or 
Chairman of the Committee of the Whole House) 
shall have pawcE to order the same to be cleared. 

14. No person, except members, of the Sen-- 



208 RULES OF THE HOUSE. 

ate, their Secretary, Heads of Departments, Trea- 
surer, Comptrollers, Register, Auditors, Postmas- 
ter Genera), President's Secretary, Chaplains to 
Congress, Judges cf the United States, Foreign 
Ministers and their Secretaries, officers who, by 
name, have received, or shall hereafter receive, 
the thanks cf Congress for their gallantry and good 
conduct displayed in the service of their country, 
the Commissioners of the Navy Board, Governor 
for the time being, of any S;ate or Territory in the 
Union, who may attend at the seat of the General 
Government daring the session of Congress, and 
who may choose to avail himself of such privi- 
lege, such gentlemen as have been Heads of De- 
partments, or members of either branch of the Le- 
gislature, and, at the discretion of the Speaker, 
persons who belong to such Legislatures of for- 
eign Governments as are in amity with the United 
States, shall be admitted within the Hall of the 
House of Representatives. 

15. Stenographers, wishing to take down the 
debates, may be admitted by the Speaker, who 
shall assign such places to them on the floor, or 
elsewhere, to effect their object, as shall not inter- 
fere with the convenience of the House. 

18. No person shall be allowed the privilege 
of the Hall, under the character of stenographer, 
without a written permission from the Speaker, 
specifying the part of the Hall assigned to him; 
and no reporter or stenographer shall be admitted 
under the rules of the House, unless such reporter 
or stenographer shall state in writing, for what 
paper or papers he is employed to report. (March 
1, 1838.) 



RULES OF THE HOUSE. 209 

17. The Doorkeeper shall execute strictly the 
14th and 15th rules, relative to the privilege of the 
Hall. (March 1, 1838.) 

18. The Clerk of the House shall take an oath 
for (he true and faithful discharge of the duties of 
his office, to the best of his knowledge and abilities. 
(Rule April 13, 1789, and act June 1, 1789.) He 
shall be deemed to continue in office until another 
be appointed. (March 1, 1791.J* 

ORDER OF BUSINESS OF THE SESSION. 

19. After six days from the commencement of 
a second or subsequent session of any Congress, 
all bills, resolutions and reports which originated 
in the House, and at the close of the next preced- 
ing session remained undetermined, shall be re- 
sumed and acted on in the same manner as if an 
adjournment had not taken place. 

ORDER OF BUSINESS OF THE DAY. 

20. As soon as the Journal is read, the Speak- 
er shall call for petitions from the members of 
each Slate, and delegates from each_ Territory, 
beginning with Maine and the Territory of Wis- 
consin, alternately; and if on any day, the whole 
of the States and Territories shall not be called, 

*There is no law, resolution, rule, or order, directing the ap- 
pointment of the Clerk of the House. On the 1st of April, 1789, 
being the first day that a quorum of the Bouse assembled under 
the new Constitution, the House immediately elected a Clerk by 
ballot, without a previous order having been passed for that pur- 
pose; although, in the case of the Speaker, who was chosen on the 
came day, an order was previously adopted. A Clerk has been 
regularly chosen at the commencement of every Congress since, 

14 



210 RULES OF THE HOUSE. 

the Speaker shall begin on the next day where he 
left off on the previous day; provided that, after 
the first thirty days of the session, petitions shall 
not be received, except on the first day of the 
meeting of the House in each week. 

21. No petition, memorial, resolution, or other 
paper, praying the abolition of slavery in the Dis- 
trict of Columbia, or any State or Territory, orthe 
slave trade between the States and Territories of 
the United States by which it now exists, shall bo 
received by this House, or entertained in any way 
whatever. 

22. The petitions having been presented and 
disposed of, ieports from committees shall be call- 
ed for and disposed of; in doing which the Speak- 
er shall call upon each standing committee in the 
order they are named in the 70th and 98th rules; 
and when all the standing committees have been 
called on, then it shall be the duty of the Speaker 
to call for reports from select committees; if the 
Speaker shall not get through the call upon the 
committees before the House passes to other busi- 
ness, he shall resume the next call where he left 
off. Resolutions shall then be called for in the 
same order, and disposed of by the same rules 
which apply to petitions: provided that no member 
shall offer more than one resolution, or one series 
of resolutions, all relating to the same subject, un- 
til all the States and Territories shall have been 
called. 

23. All the States and Territories shall be 
called for resolutions on each alternate Monday 
during each session of Congress; and, if necessary 



RULES OF THE HOUSE* 211 

to secure this object on said days, all resolutions 
which shall give rise to debate, shall lie over for 
discussion, under the rules of the House already 
established; and the whole of said days shall be 
appropriated to resolutions, until all the States 
and Territories are called through. (February 6„ 
IS3S.) 

21. After one hour shall have been devoted to 
reports from committees, and resolutions, it shall 
be in order, pending the consideration or discus- 
sion thereof, to entertain a motion that the House 
do now proceed to dispose of the business on the 
Speaker's table, and to the orders of the day; which 
being decided in the affirmative, the Speaker shall 
dispone of the business on the table in the follow- 
ing order, viz: 

1st. Messages and other Executive communi- 
cations. 

2d. Messages from the Senate, and amend- 
ments proposed by the Senate to bills of the House. 

3d. Bills and resolutions from the Senate, on 
their first and second reading, that they be refer* 
red to committees, and put under way; but if, on 
being read a second time, no motion be made to 
commit, they are to be ordered to their third read- 
ing, unless objection be made; in which case, if not 
otherwise ordered by a majority of the House, the} 7 
are to be laid on the table in the general file of 
bills on the Speakers table, to be taken up in their 
turn. 

4th. Engrossed bills s and bills from the Senate 
on their third reading. 

5th, Bills of the House and from the Senate, 



212 RULES OF THE HOUSE. 

on the Speaker's table, on their engrossment, or 
on being ordered to a third reading, to be taken up 
and considered in the order of time in which they 
passed to a second reading. The messages, com- 
munications, and bills, on his table having been 
disposed of, the Speaker shall then proceed to call 
the orders of the day. 

25. The business spec'fied in the two preced- 
ing rules, shall be done at no other part of the day, 
except by permission of (he Horse. 

LOCAL OR PRIVATE BUSINESS. 

26. Friday and Saturday in every week shall 
be set apart for the consideration of private bills, 
and private business, in preference to any other, 
unless otherwise determined by a majority of the 
House. 

27. On the first and fourth Friday of each 
month, the calender of private bills shall be called 
over, and the bills to the passage of which no ob- 
jection shall then be made, shall be first considered 
and disposed of. (January 25, -1839 J 

OF DECORUM AND DEBATE. 

28. When any member is about to speak in 
debate, or deliver any matter to the House, he shall 
rise from his seat, and respectfully address him- 
self to "Mr. Speaker," and shall confine himself to 
the question under debate, and avoid personality. 

29. If any member, in speaking or otherwise, 
transgress the rules of the House, the Speaker 



RULES OP THE HOUSE. 213 

shall, or any member may, call to order; in which 
case, the member so called to order shall immedi- 
ately sit down, unless permitted to explain; and 
the House shall, if appealed to, decide on the case, 
but without debate: if there he no appeal, the de- 
cision of the chair shall be submitted to. If the 
decision be in favor of the member called to order, 
he shall be at liberty to proceed; if otherwise, he 
shall not be permuted to proceed, in case any mem- 
ber object, without leave of the House; and if the 
case require it, he shall be liable to the censure of 
the House. 

30. If a member be called to order for words 
spoken in debate, the person calling hirn to order 
shall repeat the words excepted to, and they shall 
be taken down in writing at the Clerk's table; and 
no member shall be held to answer, or be subject 
to the censure of the House, for words spoken in 
debate, if any other member has spoken, or other 
business has intervened, after the w 7 ords spoken, 
and before exception to them shall be taken. 

31. When two or more members happen to rise 
at once, the Speaker shall name the member first 
to speak. 

32. No member shall speak more than once to 
the same question, without leave of the House, un- 
less he be the mover, proposer, or introducer, of 
the matter pend.ng; in which case he shall be per- 
mitted to speak in reply, but not until every mem- 
ber choosing to speak shall have spoken. 

33. If a question depending be lost by adjourn- 
ment of the House, and revived on the succeeding 
day, no member, who shall have spoken on the 



214 RULE3 OF THE HOUSE. 

prececTng day, shall be permitted again to speak 
without leave. 

34. While the Speaker is putting any ques- 
tion, or addressing the House, none shall walk out 
of or across the House; nor, in such case, or when a 
member is speaking, shall entertain private dis- 
course; nor, while a member is speaking shall pass 
between him and the Chair. Every member shall 
remain uncovered during the session of the House, 
No member or other person shall visit or remain 
by the Clerk's table while the ayes and noes are 
calling, or ballots are counting. 

35. No member shall vote on any question in 
tbe event of which he is immediately and particu- 
larly interested, or in any case where he was not 
within the bar of the House when the question 
was put. And when any member shall ask leave 
to vote, the Speaker shall propound to him the 
question — "Were you within the bar when your 
name was called? 19 

36. Upon a division and count of ihe House 
on any question, no member without the bar shall 
be counted. 

37. Every member who shall be in the House 
when the question is put, shall give his vote, un- 
less the House, for special reasons, shall excuse 
him. All motions to excuse a member from vot- 
ing, shall be made before the House divides, or 
before the call of the yeas and nays is commenced; 
and any member requesting to be excused from 
voting, may make a brief verbal statement of the 
Teasons for making such request, and the question 
shall then be taken without further debate. 



RULES OF THE HOUSE. 215 

3^. When a motion is made and seconded, it 
shall be stated by the Speaker; or, being in writ- 
ing, it shall be handed to the Chair, and read aloud 
by the Clerk, before deba'ed. 

89. Every motion shall be reduced to writing, 
if the Speaker or any member desire it. 

40. After a motion is stated by the Speaker, or 
road by the Clerk, it shall be deemed to be in the 
possession of the House, but may be withdrawn at 
any time before a decision or amendment. 

41. When a question is under debate, no mo- 
tion shall be received but to adjourn, to lie on the 
table, forihe previous question, to postpone to a 
day certain, to commit or amend, to postpone in- 
definitely; which several moiions shall have prece- 
dence in the order in which they are arranged; and 
no motion to postpone to a day certain, to commit, 
or to postpone indefinitely, being decided, shall 
again be allowed on the same day, and at the same 
stage of the bill or proposition. A motion to strike 
out the enacting words of a bill shall have prece- 
dence of a motion to amend, and, if carried, shall 
be considered equivalent to its rejection. 

42. When a resolution shall be offered, or a 
motion made, to refer any subject, and different 
committees shall be proposed, the question shall 
be taken in the following order: 

The Committee of the Whole House on the 
state of the Union; the Committee of the Whole 
House; a Standing Committee; a Select Commit- 
tee. 

43. A motion to adjourn, and a motion to fix 
the day to which the House shall adjoum 9 shall be 



216 



RULES OF THE HOUSE. 



always in order: these motions, and the motion to 
lie on the table, shall be decided without debate. 

44. The hour at -which every motion to adjourn 
is made, shall be entered on the Journal. — (Octo- 
ber9, 1837.) 

45. The previous question shall be in this form: 
"Shall the main question be now put?" It shall 
only be admitted when demanded by a majority of 
the members present, and its effects shall be to put 
an end to all debate, and bring the House to a di- 
rect vote upon amendments reported by a commit- 
tee, if any, upon pending amendments, and then 
upon the main question. On a motion for the pre- 
vious question, and prior to the seconding of the 
same, a call of the House shall be in order; but, 
after a majority shall have seconded such mo! ion, 
no call shall be in order prior to a decision of the 
main question. 

46. On a previous question there shall be no 
debate. All incidental questions of order arising 
after a motion is made for the previous question, 
and pending such motion, shall be decided, wheth- 
er on appeal or otherwise, without debate. 

47. When a question is postponed indefinitely, 
the same shall not be acted upon again during the 
session. 

48. A member shall call for the division of a 
question, which shall be divided if it comprehend 
propositions in substance so distinct, that, one be- 
ing taken away, a substantive proposition sha'l re- 
main for the decision of the House. A mo:ion to 
strike out and insert, shall be deemed indivisible; 
but a motion to strike out being lost, shall pre- 



RtJLES OF THE HOUSE. 2l? 

elude neither amendment, nor a motion to strike 
out and insert. 

49. Motions and reports may be committed at 
the pleasure of the House. 

50. No motion or proposition en a subject dif- 
ferent from that under consideration shall be ad- 
mitted under color of amendment.* (March 13, 
1822.) No bill or resolution shall, at any time, be 
amended by annexing thereto, or incorporating 
therewith, any other bill or resolution pending be- 
fore the House j (September 15, 1837.) 

51. When a motion has been once made, and 
carried in the affirmative or negative, it shall be in 
order for any member of the majority to move for 
a reconsideration thereof on the same or the suc- 
ceeding day; and such motion shall take prece- 
dence of all other questions, except a motion to 
adjourn. 

52. When the reading of a paper is called for, 
and the same is objected to by a member, it shall 
be determined by a vote of the Hou e. 

53. The unfinished business in which the House 

*This rule was originally established on the 7th of April, 1789, 
and was in these words: ''No new motion or proposition shall be 
admitted, under color of amendment, as a substitute for the mo- 
tion or proposition under debate." On the 13th of March, 1822, it 
was changed to its present form, in which the words " new?" and 
" substitute" do not appear. 

fThe latter clause of this rule was adopted at the 1st session of 
the 25th Congress; and, as originally reported by the committee, the 
following words were contained at the end of it: "nor by any pro- 
position containing- the substance, in whole or inpart, of any bill 
or resolution pending before the House." 1 These words were 
stricken out by the House before it would agree to the rule: by 
which it would seem to be decided that a bill or resolution might 
be amended by incorporating therein the substance of any other 
bill or resolution before the House, 



218 



RULE3 OF THE HOUSE. 



was engaged at the last preceding adjournment, 
shall have the preference in the orders of the day; 
and no motion on any other business shall be re- 
ceived, without special leaye of the House, until 
the former is disposed of. 

54. Every order, resolution or vote, to which 
the concurrence of the Senate shall be necessary, 
shall be read to the House, and laid on the table, 
on a d ly preceding that in which the same shall be 
moved, unless the House shall otherwise expressly 
allow. 

55. Petitions, memorials, and other papers, 
addressed to the House, shall be presented by the 
Speaker, or by a member in his place; a brief 
statement of the contents thereof shall be made 
verbally by the introducer; they shall not be de- 
bated on the day of their being presented, nor on 
any day assigned by the House for the receipt of 
petitions after the first thirty days of the session, 
unless where the House shall direct otherwise, but 
shall lie on the table, to be taken up in the order 
in which they were presented. 

53. A proposition requesting information from 
the President of ihe United States, or directing it 
to be furnished by the head of either of the Exe- 
cutive Departments, or by the Postmaster General, 
or o print an extra number of any documentor 
other matter, excepting messages of the President 
to both Houses at the commencement of each ses- 
sion of Congress, and the reports and documents 
connected with or referred to in it, shall lie on the 
table one day for consideration, unless otherwise 
ordered by the unanimous consent of the House, 



RULES OF THE HOUSU. 219 

and all such propositions shall be taken up for con- 
sideration in the order they were presented, imme- 
diately after reports are called for from select com- 
mittees; and, when adopted, the Clerk shall cause 
the same to be delivered. 

57. Any fifteen members (including the Speak- 
er, if there be one) shall be author zed to compel 
the attendance of absent members. 

58. Upon calls of the House, or in taking the 
yea3 and nays on any question, the names of the 
members shall be called alphabetically. 

59. Any member may excuse himself from 
serving on any committee at the time of his ap- 
pointment, if he is then a member of two other 
committees. 

60. No member shall absent himself from the 
service of the House, unless he have leave, or be 
sick, or unable toattend. 

61. Upon the call of the House, the names of 
the members shall be called over by the Clerk, and 
the absentees noted; after which, the names of the 
absentees shall again be called over, the doors 
shall then be shut, and those for whom no excuse, 
or insufficient excuses, are made, may, by order of 
those present, if fifeen in number, be taken into 
custody as they appear, or may be sent for and ta- 
ken into custody, wherever to be found, by spe- 
cial messengers to be appointed for that purpose. 

62. When a member shall be discharged from 
custody, and admitted to his seat, the House shall 
determine whether such discharge shall be with or 
without paying fees; and, in like manner, whether 
a delinquent member, taken into custody by aspe- 



220 RULES OF THE HOUSE, 

cial messenger, shall, or shall not, be liable to de- 
fray the expense of such special messenger. 

63. A Sergeant-at-arms shall be appointed, to 
hold his office during the pleasure of the House, 
whose duty it shall be to attend the House during 
its sittings; to execute the commands of the House 
from time to time, together with all such process, 
issued by authority thereof, as shall be directed to 
him by the Speaker, 

64. The fees of the Sergeant-at-arms shall be, 
for every arrest, the sum of two dollars; for each 
day's custody and releasement, one dollar; and for 
travelling expenses for himself or a special messen- 
ger, going and returning, one-tenth of a dollar per 
ini'e, 

65. It shall be the duty of the Sergeant-at-arms 
to keep the accounts for pay and mileage of mem- 
bers, to piepare checks, and, if required to do so, 
to draw the money on such checks for the mem- 
bers, (ihe same being previously signed by the 
Speaker, and endorsed by the member,) and pay 
over the same to the member entitled thereto. — 
(April 4, 1838.) 

63. The Sergeant at-arms shall give bond, with 
surety, to the United States, in a sum not less than 
five, nor more than ten thousand dollars, at the 
discretion of the Speaker, and with such surety as 
the Speaker may approve, faithfully to account for 
the money coming into his hands for the pay of 
members. (April 4, 1838.) 

67. The Sergeant-at arms shall be sworn to 
keep the secrets of the House. 

Oft. A Doorkeeper and an Assistant Doorkeep- 



RULES OF THE HOUSE. 



221 



er shall be appointed for the service of the House. 
(April 2, 1789.; 

69. The Doorkeeper and Assistant Doorkeep- 
er shall be sworn to keep the secrets of the House. 

70. The Postmaster to superintend the Post 
Office kept in the Capitol for the accommodation 
of the members, shall hereafter be appointed by 
the House.* (April 4, 1838.) 

71. Twenty-seven standing committees shall 
be appointed at the commencement of each ses- 
sion, viz: 

A Committee of Elections, 1 

A Committee of Ways and Means, 

A Committee of Claims, 

A Committee on Commerce, 

A Committee on Public Lands, 

A Committee on the Post Office and Post Roads 

A Committee for the District of Columbia, 

A Committee on the Judiciary, 

A Committee on Revolutionary Claims, 

A Committee on Public Expenditures, 

A Committee on Private Land Claims, 

A Committee on Manufactures, 

A Committee on Agriculture, 

A Committee on Indian Affairs, 

A Committee on Military Affairs, 

A Committee on the Militia, 

A Committee on Naval Affairs, 

A Committee on Foreign Affairs, 

A Committee on the Territories, 

A Committee on Revolutionary Pensions, 

A Committee on Invalid Pensions, 

A Committee on Roads and Canals, 

A Committee on Patents, ~] 

A Committee on Public Buildings and Grounds, ( To consist of 
A Committee of Revisal and Unfins'd Business, f five mem- 
A Committee of Accounts, j bers each. 

A Committee on Mileage, J 



j To consist of 
y nine mem- 
bers each. 



•Immediately after the organization of the Government under 
the present Constitution, a room was set apart in the Capitol for 
the reception and distribution ofletters and packets to and from 
members of the House, without an order for that purpose, and was 
called the Post office. It was superintended by the Doorkeeper 



2£2 RULES OF THE HOUSE. 

72. It shall be the duty of the Committee of 
Elections to examine and report upon the certifi- 
cates of election, or other credentials, of the mem- 
bers returned to serve in this House; and to take 
into their consideration all such petitions, and other 
matters touching elections and returns, as shall or 
may be presented, or come into question, and be 
referred to them by the House. 

73. It shall be the duty of the Committee of 
Ways and Means to take into consideration all 
such reports of the Treasury Department, and all 
such propositions relative to the revenue, as may 
be referred to them by the House, to enquire into 
the state of the public debt or the revenue, and of 
the expenditure; and to report, from time to time, 
their opinion thereon: £to examine into the state 
of the several public Departments, and pariiculaily 
into the laws making appropriations of moneys, 
and to report whether the moneys have been dis- 
bursed conformably with such laws; and also to re- 
port, from time to time, such provisions and ar- 
rangements as maybe necessary to add (o the econ- 
omy of the Departments, and the accountability of 
their officers/]* 

find his Assistants. On the Oth of April, 1814, a special allowance 
was made to the Doorkeeper to meet the expenses of this office, and 
he was authorized to appoint a Postmaster. The office continued 
on this footing till April 4, TS38, when an order was passed, na 
above, for the appointment of the Postmaster by the House itself. 
♦That portion of the duty of the Committee of Ways and Means 
which is printed within brackets, was originally adopted on the ?th 
&f January, 1802. On the 26th of February, 3814, the Committee 
on Public Expenditures was created, and added to the list ofstand* 
Ing committee?; the duties of this latter committee are exactly those 
contained in that portion of the duties of the Committee of Ways 
and Means which are referred to in this note as within brackets; 
(see Rule 84.) The words ought to be stricken out from the speci- 
fication to the duties of the Committee of Ways and Means. 



RULES OF THE HOUSE. 223 

In preparing bills of appropriations for other ob- 
jects, the Committee of Ways and Means shall not 
include appropriations for carrying into effect trea- 
ties made by the United States; and where an ap- 
propriation bill shall be referred to them for their 
consideration, which contains appropriations for 
carrying a treaty into effect, and for other objects, 
they shall propose such amendments as shall pre- 
vent appropriations for carrying a treaty into effect 
being included in the same bill with appropriations 
for other objects. 

74. It shall also be the duty of the Committee 
of Ways and Means, within thirty days after their 
appointment, at every session of Congress com- 
mencing on the first Monday of December, to re- 
poit the general appropriation bills — for the civil 
and diplomatic expenses of Government; for the 
army; for the navy; and for the Indian Department 
and Indian annuities; or, in failure thereof, the rea- 
sons of such failure. 

75. General appropriation bills shall be in or- 
der, in preference to any other bills of a public na- 
ture, unless otherwise ordered by a majority of the 
House. 

76. No appropriation shall be reported in such 
general appropriation bills, or be in order as an 
amendment thereto, for an expenditure not previ- 
ousiy authorized by law, (September 14, 1837,) 
unless in continuation of appropriations for such 
public works and objects as are already in progress, 
and for the contingencies for carrying on the seve- 
ral Departments of Government. (May 13, 1838 ) 

77. It shall be the dutv of the Commitiee of 



224 RULES OF THE HOUSE. 

Claims to take into consideration all such peti- 
tions and matters or things touching claims and de- 
mands on the United Stales, as shall be presented, 
or shall or may come in question, and be referred 
to ihem by the House; and to report their opinion 
thereupon, together with such propositions for re* 
lief therein as tothern shall seem expedient. 

78. It shall be the duty of the Committee on 
Commerce to take into consideration all such pe- 
titions and matters or things touching the com- 
merce of the United States, as shall be presented, 
or sha 1 ! or may come into question, and be referred 
to them by the House; and to report, from time to 
time, their opinion thereon. 

79. It shall be the duty of the Committee on 
the Public Lands to take into consideration all such 
petitions and matters or things respecting the lands 
of the United States, as shall be presented, or shall 
or may come in question, and be referred to them 
by the Iloiue; and to report their opinion thereon, 
together with such propositions for relief therein 
as to them shall seem expedient. 

80. It shall be the duty of the Committee on 
the Post Office and Post Roads to take into consi- 
deration all such petitions and matters or things 
touching the Post Office and Post Reads, as shall 
be presented, or may come in question, and be re- 
ferred to them by the House; and to report their 
opinion thereupon, together with such propositions 
relative thereto as to them shall seem expedient. 

81. It shall be the duty of the Committee for 
the District of Columbia to tike into consideration 
all such petitions and matters or things touching 



RULES OF THE HOUSE. 225 

the said District as shall be presented, cr shall 
come in question and be referred to them by the 
House; and to report their opinion thereon, to- 
gether with such propositions relative thereto as 
to them shall seem expedient. 

82. It shall be the duty of the Committee on 
the Judiciary to take into consideration such peti- 
tions and matters or things touching judicial pro- 
ceedings, as shall be presented, or may come in 
question, and be referred to them by the House; 
and to report their opinion thereupon, together 
with such propositions relative thereto as to them 
shall seem expedient. 

83. It shall be the duty of the Committee on 
Revolutionary Claims to take into consideration 
all such petitions and matters or things touching 
claims and demands originating in the Revolu- 
tionary war, or arising therefrom, as shall be pre- 
sented, or shall or may come in question, and be 
referred to them by the House; and to report their 
opinion thereupon, together with such propositions 
for relief therein, as to them shall seem expe- 
dient. 

84. If. shall be the duty of the Committee on 
Public Expenditures to examine into the state of 
the several public Departments, and particularly 
into laws making appropriations of money, and to 
report whether the moneys have been disbursed 
conformably with such laws; and also to report, 
from time to time, such provisions and arrange- 
ments as maybe necessary to add to the economy 

15 



220 RULES OF THE HOUSE. 

of the departments, and the accountability of their 
officers.* 

85. It shall be the duty of the Committee on 
Private Laud Claims to take in o consideration all 
claims lo land which may be referred 10 them, or 
shall or may come in question; and to report their 
opinion thereupon, together with such proposi- 
tions for relief therein as to them shall seem ex- 
pedient. 

85. It shall be the duty of the Committee on 
Militaty Affairs to take into consideration ail sub- 
jects relating to the military establishment and 
public defence, which may be referred to them by 
the House, and to report their opinion thereupon; 
and also to report, from time to time, such mea- 
sures as may contribute to economy and account- 
ability in the said establishment. 

87. It shall be the duty of the Committee on 
the Militia to take into consideration and re- 
port on all subjects connected wish the organizing, 
arming, and disciplining, the militia of the United 
States. 

88. It shall be the duty of the Committee on 
Naval Affairs to take into consideration all matters 
which concern the naval establishment, and which 
shall be referred to them by the House, and to re- 
port their opinion thereupon; and also to report, 
from time to time, such measures as may contri- 

*See note to Rule 73— And further, on the 30th of March, 1816, 
six committees on expenditures in the several Departments of the 
Government, were created and added to the list of standing com. 
mittses. The duties assigned to these several committees would 
peem entirely to cover the duties of the Committee of Public Ex» 
penditures. (See Rules 99 and 100.) 



RULES OF THE HOUSE. 227 

bute to economy and accountability in the said es- 
tablishment. 

89. Ii shall be the duty of the Committee on 
Foreign Affairs to lake into consideration all mat* 
ters which concern the relations of the United 
States with fore ; gn nations, and which shall be re- 
ferred to them by the House, and report their opi- 
nion on the same. 

$0. It shall be the duty of the Committee on 
the Territories to examine into the legislative, 
civil and criminal proceedings of the Territories, 
and to devise and report to the House such means 
as, in their opinion, may be necessary to secure 
the rights and privileges of residents and non- 
residents. 

91. It shall be the duty of the Committee on 
Revolutionary Pensions to take into consideration 
all such matters respecting pensions for services 
in the revolutionary war, other than invalid pen- 
sions, as shall be referred to them by the House. 

92. It shall be the duty of the Committee on 
Invalid Pensions to take into consideration all such 
matters respecting invalid pensions as shall be re- 
ferred to them by the House. 

93. It shall be the duty of the Committee on Roads 
and Canals to take into consideration all such pe- 
titions and matters or things relating to roads and 
canals, and the improvement of the navigation of 
rivers, as shall be presented, or may come in ques- 
tion, and be referred to them by the House, and 
to report thereupon; together with such proposi- 
tions relative thereto as to them shall seem expe- 
dient. 

94. It shall be the duty of the Committee on 



'828 RULES OF THE HOlfsfi 

Patents to consider all subjects relating to paten's 
which may be referred to them, and report their 
opinion thereon; together with such propositions 
relative thereto as may seem to them expedient. 

95. It shall be the duty of the Committee on 
Public Buildings and Grounds to consider all Sub- 
jects relating to the public edifices and grounds 
within the city of Washington which may be re- 
ferred to them, and report their opinion thereon: 
together with such propositions relating thereto as 
may seem to them expedient. 

96. It shall be the duty of the Committee on 
Revisal and Unfinished Business to examine and 
report what laws have expired, or are near expir- 
ing, and require to be revived or further continued; 
also to examine and report, from the Journal of last 
session, all such matters as were then depending 
and undetermined. 

97. It shall be the duty of the Committee of 
Accounts to superintend and control the expendi- 
tures of the contingent fund of the House of Rep- 
resentatives, and to audit and settle all accounts 
which may be charged thereon; and also to audit 
the accounts of the members for their travel to and 
from the seat of Government, and their attendance 
In the House.* 

98. It shall be the duty of the Committee on 
Mileage to ascertain and report the distance, to 
the Sergeant at-Arms, for which each member 
shall receive pay. 

*So much of this rule as directs the Committee of Accounts to 
audit and settle mileage and daily pay of the members, was adopt- 
ed at the 1st sfissiori of the 12th Congress, (1812.) At the 1st ses- 
sion of the 25th Congress, (1337,) a Standing Committee on Mileage 
was created for the especial purpose of ascertaining and reporting 
the mileage for which each member shall receive pay. See Rule 88. 



RULES OF THE HOUSE. 



229 



To consist of 
five mem- 
bers each. 



99, Six additional standing committees shall 
be appointed at the commencement of the first ses- 
sion in each Congress, whose duties shall continue 
until the first session of the ensuing Congress, 

1- A commitiee on so much of the public accounts"} 
and expenditures as relate to the Depart- 
ment of State; 

2. A committee on so much of the public accounts 

and expenditures as relate to the Treasu- 
ry Department; 

3. A committee on so much of the public accounts 

and expenditures as relate to the Depart- 
ment of War. i 

4. A committee on so much of the public accounts ; 

and expenditures as relate to the Depart- 
ment of the Navy; 

5. A committee on so much of the public accounts 

and expenditures as relate to the Post 
Office; and, 
C. A committee on so much of the public accounts 
and expenditures as relate to the Public 
Buildings; J 

100. It shall be the duty of the said commit- 
tees to examine into the state of the accounts and 
expenditures respectively submitted to them, and 
to enquire and report particularly — 

Whether the expenditures of the respective De- 
partments are justified by law; 

Whether the claims from time to time satisfied 
and discharged by the respective departments are 
supported by sufficient vouchers, establishing their 
justness both as to their character and amount; 

Whether such claims have been discharged out 
of funds appropriated therefor, and whether all mo- 
neys have been disbursed in conformity with ap- 
propriation laws; and 

Whether any, and. what, provisions are necessa- 
ry to be adopted, to provide more perfectly for the 
proper application of the public moneys, and to se- 
cure the Government from demands unjust in their 
character, or extravagant in their amount* 



130 RULES OF THE HOUSE. 

And it shall be, moreover, the duty of the said 
committees to report from time to time whether 
any, and what, retrenchment can be made in the 
expenditures of the several departments, without 
detriment to the public service; whether any, and 
what, abuses at any time exist in the failure to en- 
force the payment of moneys which may be due to 
the United States from public defaulters or others; 
and to report, from time to time, such provisions 
and arrangements as may be necessary to add to 
the economy of the several departments, and the 
accountability of their officers.* 

101. The several standing committees of the 
House shall have leave to report by bril or other- 
wise. 

102. No commitlee shall sit during the sitting 
©f the House, without special leave. 

103. It shall be the duty of the Clerk to make 
and cause to be printed, and delivered to each 
member at the commencement of every session of 
Congress, a list of the reports which it is the duty 
of any officer or department of the Government to 
make to Congress: referring to the act or resolu- 
tion, and page of the volume of the laws or journal, 
in which it may be contained; and placing under 
the name of each officer the list of reports required 
of him to be made, and the time when the report 
may be expected. 

104. It shall be the duty of the Clerk of the 
House, at the end of each session, to send a print- 
ed copy of the Journals thereof to the Executive, 
a-nd to each branch of the Legislature of every 
State. 

105. All questions of order shall be noted by 

*See notes to Rules 73 and 84. 



IIULES OF THE HOUSE. 231 

the Clerk, with the decision, and put together at 
the end of th a Journal of every session. 

106. Whenever confidential communications 
are received from the President of the United, 
States, the House shall be cleared of all persons 
except the members, Clerk, Sergeant-at-Arms, 
and Doorkeeper, and so continue during the read- 
ing of such communications, and (unless otherwise 
directed by the House) during all debates and 
proceedings to be had thereon. And when the 
Speaker or any other member, shall inform the 
House that he has communications to make which 
he conceives ought to be kept secret, the House 
shall, in like manner, be cleared, till the commu- 
nication be made; the House shall then determine 
whether the master communicated requires secrecy 
or not, and take order aeaordingly. 

107. All questions relating to the priority of 
business to be acted on, shall be decided without 
debate. 

OF BILLS. 

108. Every bill shall be introduced on the re- 
port of a committee, or by motion for leave. In 
the latter case, at least one day's notice shall begiv- 
en of the motion; and the motion shall fee made, 
and the bill introduced, if leave is given, when re- 
solutions are called for; such motion, or the bill 
when introduced, may be committed. 

109. Every bill shall receive three several 
readings in the House, previous to its passage; 
and bills shall be despatched in order as they were 
introduced, unless where the House shall direct 
otherwise; but no bill shall be twice read on th© 
earne day, without special order of the House. 



232 



RULES OF THE HOUSE. 



110. The first reading of a bill shall be for in- 
formation; and, if opposition be made to it, the 
question shall be, ''Shall this bill be rejected?" If 
no opposition be made, or if the question to reject 
be negatived, the bill shall go to its second read- 
ing without a question. 

-111. Upon the second reading of a bill, the 
Speaker shall state it. as. ready for commitment or 
engrossment; and, if committed, then a question 
shall be, whether to a select or standing commit- 
tee, or to a Committee of the Whole House; if 
to a Committee of the Whole House, the House 
shall determine on what day; if no motion be 
made to commit, the question shall be stated on 
its engrossment; and if it be not ordered to be en- 
grossed on the day of its being reported, it shall be 
placed in the general file on the Speaker's table, 
to be taken up in ite order. But, if the bill be or- 
dered to be engrossed, the House shall appoint the 
day when it shall be read the third time. 

J 12. Not more than three bills, originating in 
the House, shall be committed to the same Com- 
mittee of the Whole; and such bills shall be analo- 
gous in their nature, which analogy shall be deter- 
mined by the Speaker. 

113. After commitment and report thereof to 
the House, or at any time before its passage, a bill 
may be recommitted. 

114. All bills ordered to be engrossed shall be 
executed in a fair round hand. 

115. No amendment by way of rider shall be 
received to any bill on its third reading. 

116. When a bill shall pass, it shall be certifi- 



RULES OF THE HGl/SJE. 233 

ed by the Clerk, noting the day of its passage at 
the foot thereof. 

OF COMMITTEES OF THE WHOLE 
HOUSE 

117. It shall be a standing order of the day, 
throughout the session, for the House to resolve 
itself into a committee of the Whole House on the 
state of the Union. 

118. In forming a Committee of the Whole 
Houses the Speaker shall leave his chair, and a 
chairman, to preside in committee, shall be ap- 
pointed by the Speaker. 

119. Upon bills committed to a Committee of 
the Whele House, theb 1 shall be first read through- 
out by the Clerk, and then again read and debated 
by clauses, leaving 'lie preamble to be last consid- 
ered; the body of the bill shall not be defaced or 
interlined; but all amendments, noting the page 
and line, shall be duly entered by the Clerk on a 
separate paper, as the same shall be agreed to by 
the committee, and so reported to the House. Af- 
ter report, the bill shall again be subject to be de- 
bited and amended by clauses, before a question 
to engross it be taken. 

120. All amendments made to an original mo- 
tion in committee, shall be incorporated with the 
motion, and so reported. 

221. All amendments made to a report com- 
mitted to a Committee of the Whole House, shall 
be noted and reported, as in the case of bills. 

122. All questions, whether in committee or 
in the House, shall be propounded in the oider in 
which they were moved, except that, in filling up 



234 RULES OF THIS HOUSE. 

blanks, the largest sum and longest time shall be 
first put. 

123. No motion or proposition for a tax or 
charge upon the people shall be discussed the day 
on which it is made or offered; and every such pro- 
position shall receive its first discussion in a Com- 
mittee of the Whole House. 

124. No sum or quantum of tax or duty, voted 
by a Committee of the Whole House, shall be in- 
creased in the House until the motion or proposi- 
tion for such increase shall be first discussed and 
voted in a Committee of the Whole House; and 
so in respect to the time of its continuance. 

125. All proceedings touching appropriations 
of money shall be first discussed in a Committee of 
the Whole House. 

126. The rules of proceedings in the House 
shall be observed in a Committee of the Whole 
House, so far as they may be applicable, except the 
rule limiting the time of speaking; but no member 
Khali speak twice to any question, until every 
member choosing to speak shall have spoken. 

127. No standing rule or order of the House 
shall be rescinded or changed without, one day's 
notice being given of the motion therefor. Nor 
shall any rule be suspended, except by a vote of at 
least two thirds of the members present. Nor 
shall the order of business, as established by the 
rules of the House, be postponed or changed, ex- 
cept by a vote of at least two-thirds of the members 
present. 

"Resolved, That so much of the 127th rule of 
the House as is in the following words, to wit, 
'Nor shall any rule be suspended except by a vote 



RULES OF THE HOUSE. 235 

of at least two-thirds of the members present,* be, 
and hereby is, so far rescinded and changed that 
the House mny, at any lime, by a vote of a majori- 
ty of the members present, suspend the rules and 
orders of the House for the purpose of going into 
Commisteeof the Whole on thestate ofthe Union; 
and that the House may, at any time, by a vote of 
a majority of the members present, suspend the 
rules and orders for the purpose of providing for 
the d'sehargeof the Committee ofthe Whole House 
on the state of the Union from the consideration of 
any bill referred to it, after acting, without debate; 
on all amendments pending and that may be of- 
fered.— (See Journal of March 21, 1842.) 

128. It shall be in order for the Committee on 
Enrolled Bills to report at any time. 

129. The Rules of Parliamentary Practice 
comprised in Jefferson's Manual, shall govern the 
House in all cases to which they are applicable, 
and in which they are not inconsistent with the 
standing rules and orders ofthe House, and the 
joint rules of the Senate and House of Represent 
tatives. 

130. No person shall be permitted to perform 
divine service in the chamber occupied by the 
House of Representatives, unless with the consent 
of the Speaker. 

131. The rule for paying witnesses summoned 
to appear before this House, or either of its com- 
mittees, shall be as follows: For each day a wit- 
ness shall attend, the sum of two dollars; for each 
mile he shall travel incoming to or going from the 
place of examination, the sum of ten cents each 
way; but nothing shall be paid for travelling home 



238 RULES OF THE HOUSE* 

when the witness has been summoned at the place 
of trial. 

132. The Clerk shall, within thirty days after 
the close of each session of Congress, cause to be 
completed the printing and primary distribution^ 
members and delegates, of the Journal of the 
House, together with an accurate index to the 
eame— (June 18, 1832.) 

133. There shall be retained in the library of 
the Clerk's office, for the use of the members there, 
and not to be withdrawn therefrom, two copies of 
all the books and printed documents deposited in 
the library.— (December 22, 1826.) 

134. The Clerk shall have preserved for each 
member of the House, an extra copy, in good bind- 
ing of all the documents printed by order of either 
House at each future session of Congress. — (Feb- 
ruary 9, 1831.) 

135* The Clerk shall make a weekly statement 
of the resolutions and bills (Senate bills inclusive) 
upon the Speaker's table, accompanied with a 
brief reference to the orders and proceedings of the 
House upon each, and the date of such order and 
proceedings; which statement shall be printed for 
the use of the members. — (April 21, 1836 ) 

138. The Clerk shall cause an index to be pre- 
paid to the acts passed at every session of Con- 
gress, and to be printed and bound with the acts. — 
(July 4, 1832.) 

137. The Clerk shall take proper measures for 
the care and preservation of the public stable pro- 
vided for the business and accommodation of the 
House of Representatives. — (July 9, 1838.) 



RULES OF THE HOUSE. 237 

188. The unappropriated rooms in that part of 
the Capitol assigned to the House shall be subject 
to the order and disposal of the Speaker, until the 
further order of the House.— (May 26, 1824.) 

139, Maps accompanying documents shall not 
be printed, under the general order to print, with- 
out the special direction of the House. — (March 2, 
1837; September 11, 1837.) 

140. No committee shall be permitted to em- 
ploy a clerk at the public expense, without first ob- 
taining leave of the House for that purpose. — (De- 
cember 14, 1838 ) 



JOINT RULES AND ORDERS 

OF 

THE TWO HOUSES. 

1st. la every case of an amendment of a bill- 
agreed to in one House, and dissented to in the 
other, if either House shall request a conference, 
and appoint a committee for that purpose, and the 
other House shall also appoint a committee to 
confer, such committee shall, at a convenient 
hour, to be agreed on by their chairman, meet 
in the conference chamber, and state to each 
other, verbally, or in writing, as either shall 
choose, the reasons of their respective Houses for 
and against the amendment, and confer freely 
thereon. 

2. AVhen a message shall be sent from the Sen- 
ate to the House of Representatives, it shall be 
announced at the door of the House by the Door- 
keeper, and shall be respectfully communicated to 
the Chair by the person by whom it may be sent, 

3. The same ceremony shall be observed when 
a message shall be sent from the House of Repre- 
sentatives to the Senate. 

4. Messages shall be sent by such persons as a 
sense of propriety in each House may determine 
to be proper. 

5. While bills are on their passage between 
the two Houses, they shall be on paper, and under 



240 JOINT RULES OF BOTH HOUSES 

the signature of the Secretary or Clerk of each 
House respectively. 

6. After a bill shall have passed both House?, 
it shall be duly enrolled on parchment by the Clerk 
of the House of Representatives, or the Secretary 
of the Senate, as the bill may have originated in 
the one or the other House, before it shall be pre- 
sented to the President of the United Slates. 

7. When bills are enrolled, they shall be ex- 
amined by a joint committee of two from the Sen- 
ate and two from the House of Representatives, 
appointed as a standing committee for that pur- 
pose, who shall carefully compare the enrollment. 

' with the engrossed bills, as passed in the two 
houses, and, correcting any errors that may be dis- 
covered in the enrolled bills, make their report 
forthwith to their respective Houses. 

8. After examination and report, each bill shall 
be signed in the respective Houses, first by the 
Speaker of the House of Representatives, then by 
the President of the Senate. 

9. After a bill shall have been thus signed in 
each House, it shall be presented, by the said com- 
mittee, to the President of the United States for 
his approbation, (it being first endorsed on the 
back of the roll, certifying in which House the 
same originated; which endorsement shall be sign- 
ed by the Secretary or Clerk, as the case may be, 
of the House in which the same did originate,) 
and shall be entered on the Journal of each House. 
The said committee shall report the day of pre- 
sentation to the President; which time shall also 
be carefully entered on the Journal of each House. 



JOINT nn.ES OF BOTH HOUSES. 241 

10. All orders resolutions, and votes, which 
are to be presented to the President of the United 
States for his approbation, shall also, in the same 
manner, be previously enrolled, examined, and 
signed; and shall be presented in the same manner, 
and by the same committee, as provided in the 
cases of bills. 

11. When the Senate and House of Represen- 
tatives shall judge it proper to make a joint ad- 
dress to the President, it shall be presented to him 
in his audience ehamber by the President of the 
Senate, in the presence of the Speaker and both 
Houses* 

12. When a bill or resolution which shall have 1 
passed in one House is rejected in the other, no- 
tice thereof shall be given to the House in which 
the same shall have passed, 

13. When a bill or resolution which has been 
passed in one House shall be rejeced in the other, 
it shall not be brought in during the same session, 
without a notice of ten days, and leave of two- 
thirds of that House in which it shall be renewed. 

14. Each House shall transmit to the other all 
papers on which any bill or resolution shall be 
founded. 

15. After each House shall have adhered to 
their disagreement, a bill or resolution shall be 
lost. 

16. No bili that shall have passed one House 
shall be sent for concurrence to the other on either 
of the three Jast days of the session, 

10 



242 JOINT OTLES OF BOTH HOUSES. 

1*7. No bill or resolution that shall have passed 
the House of Representatives and the Senate, shall 
be presented to the President of the United States 
for his approbation on the last day of the session. 

18a When bills which have passed one House 
are ordered to be printed in the other, a greater 
aurnher of copies shall not be printed than may be 
necessary for the use of the House making the or- 
der. 

19, No spiritous liquors shall be offered for 
sale, or exhibited, within the Capitol, or on the 
public grounds adjacent thereto, 



LIST OF OFFICERS 

UHio, by name, have received the thanks of Con- 
gress, for their gallantry and good conduct dis- 
played in the service of their country, and who 
have received Medals by the vote of Congress* 
{Referred to in the 4*7ih rule of the Senate.) 

Bainbridge, William. Captain in Navy— Medal. 
Ballard, H. E., Lieutenant do. do. 

Barton, Robert R., Surgeon do. do. 

Biddle, James, Captain do. do* 

Blakely, Johnson, do. do. do. 

Breeze, Thomas, Chaplain do. do. 

Brown, J., Maj., Gen., Army — Med. and thanks 
Carmick, Daniel, Major of the Marines — "High 

.sense'' &c. of Congress. 
Cassin, Stephen, Commandant in Navy, Medal. 
Chew, Thomas L, Parser do. do. 

Conner, David, Lieutenant do. do. 

Croghan, George, Colonel in Army do. 

Decatur, Stephen, Captain in Navy do. 

Duncan, Silas, Lieutenant do* da. 

Elliot, Jesse D., Captain do. do. 

Freeman, William H., Marine officer do* 
Edwards, James L. do. do. do. 

Evans, Amos A., Surgeon in Navy do. 



244 LIST OF OFFICERS, &C. 

Gaines, E. P., Maj. Gen., Army — Med. & thanks. 
Gallagher, John, Lieutenant in Navy, Medal. 
Hambleton, Samuel, Purser do. do. 

Hamilton, Charles B., Surgeon do. do. 
Harris, Thomas do. do. do. 

Harrison, William H., Major General in Army — 

Medal and thanks. 
Henderson, Archibald, Marine officer — Medal. 
Henly, Robert, Captain in Navy do. 

Hull, Isaac, do. do. do. 

Jackson, A., Maj. Gen., Army — Med. & thanks. 
Hunter, Win, M. Lieut., in Navy— Medal. 
Jones, Jacob, Captain in Navy Medal. 

Kearney. John A., Surgeon in Navy do. 

McCall, Edward R,, Lieutenant do. do. 

Macdonough Tho. Capt., Navy- Med. & thanks. 
Macomb, Alex,, Maj. Gen., Army do. do. 
Mayo, Isaac, Lieutenant in the "Navy, Medal, 

Miller, , Brig., General in Army do* 

Morgan, Charles W., Lieutenant in Navy do, 
Morris, Charles do. do. do. 

Newton, I. J. do. do. do. 

Nicolson, I. B. do. do. do. 

Parsons, Ushur, Surgeon do. do. 

Patterson D. T., Captain in the Navy— "High 

sense" &c, of Congress. 
Perry, O. H., Capt., Navy— Medal and thanks. 
Porter, D, Capt, Navy — 'Zeal and Activity." 
Porter, Peter B., Maj., Genl. in Army— Medal. 
Preble, Edw'd, Capt. Navy— Medal and thanks. 
Reed, G. G. Lieutenant in the Navy — Medal. 
Ripley, E., Brig. General in the Army do. 
#cott, Winfield, Major General do, do. 



iLIST OF OFFICERS, &X. 245 

Shelby, Isaac, Governor — Medal and thanks. 

Shubrick, Wm.B. Lieutenantin Naw — Medal. 

Smith, Joseph do. 

Speneer, William A., Lieut 

Stewart, Charles Captain 

Thorn, Herman, Purser 

Truxton, Thomas, Captain 

Turner, Daniel, Lieutenant 

Vallette, E. A. F. do. 

Vohrees, P. F. do. 

Wadsworth, Alexander, Lieut. 

Warrington, Lewis, Captain 

Washington, Baily, Surgeon 

Zantzinger, William P., Purs 



do. 


do. 


in Navy- 


-Mediih 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


do. 


er do. 


do. 



TABLE 



OF THE 

POPULATION OF THE UNITED STATES, 

FOR THE YEAR 1840. 





o . 
s 2 


ii 


t 
c 




° « 


♦j na 


ii 


STATES AND TERRI- 
TORIES, 


O M 


o a 
.2 o- . 

02 *-» 


.11 




— T3 


— JS . 


eC s- 




i3 S~ 


55 CJ -a 


3 ^ 




o « 


o ~ CJ 


&, 




h 


Eh 


o 

a, 


Maine 


501,793 


_ 


501,793 


New Hampshire • 


' 284,574 


1 


284,573 


Massachusetts 


737,699 


- 


737,699 


Rhode Island 


108,830 


5 


108,828 


Connecticut 


309,978 


17 


309,971 


Vermont - 


£91,948 


_ 


29r,948 


New York - 


2,428,921 


4 


2,428,919 


New Jersey 


373.306 


674 


373,036 


Pennsylvania 


1,724,033 


64 


1,724,007 


Delaware - 


78.085 


2,605 


77,043 


Maryland 


470.019 


89,737 


434,124 


Virginia 


1,239,797 


448,987 


1,060.202 
055,092 


North Carolina 


753,419 


245,817 


South Corolina 


594,398 


£27,038 


463-582 


Georgia 


691.392 


280.944 


579,014 


Alalama - 


590,756 


253,532 


489.343 


Mississippi • 


375,651 


195,211 


297,566 
285,030 


Louisiana • 


352,411 


168,452 


Tennessee • 


829,210 


183,059 


755^986 
706,924 
1,519,465 
685,864 
476,050 


Kentucky - 

Ohio 

Indiana • » . 


779.828 

1,519,467 

685,866 


182,258 
3 
3 


JHinois 


476,183 


S31 


Missouri 
"Arkansas • » 
Michigan ~= 
Florida 
Iowa 

Wisconsin . . ' 
District of Columbia : 

Total 

Seamen U. S. Naval Service 

Whole Population 


383,702 
97,574 

212,267 
54,477 
43,112 
30,945 
43,712 


58.240 
19,935 

25,717 

16 

11 

4,694 


360,406 
89,600 

212,267 
44,190 
43,105 
30.934 
41,834 


17,063,353 


2,487,355 


16,068,395 


6,100 






17,069.453 


2 487,355 


16,068,395 



